18th Mar 2021 – Senate Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Bill 2021 - in Committee - Small business employers

The majority voted in favour of amendments introduced by Queensland Senator Malcolm Robert (One Nation), which means they passed. They related to small business employers.

Amendment text

(1) Schedule 1, item 2, page 4 (line 24), omit paragraph 15A(2)(b), substitute:

(b) whether the person will work as required according to the needs of the employer;

(2) Schedule 1, item 3, page 6 (before line 2), before section 66B, insert:

66AA Subdivision does not apply to small business employers

This Subdivision does not apply in relation to an employer that is a small business employer.

(3) Schedule 1, item 3, page 9 (line 27), before "the request", insert "if the employer is not a small business employer—".

(4) Schedule 1, item 3, page 9 (after line 28), at the end of subsection 66F(1), add:

Note: Nothing in this Subdivision prevents an employee from requesting to convert to full-time or part-time employment outside the provisions of this Division, or prevents an employer from granting such a request.

(5) Schedule 1, item 5, page 14 (after line 26), after paragraph 125A(2)(d), insert:

(da) casual conversion entitlements of casual employees employed by small business employers;

(6) Schedule 1, item 6, page 16 (line 14), omit "such a term", substitute "a term of the fair work instrument or contract of employment under which the loading amount is paid".

(7) Schedule 7, item 1, page 96 (line 2), after "employer", insert "(other than a small business employer)".

(8) Schedule 7, item 1, page 96 (line 17), after "employer", insert "(other than a small business employer)".

(9) Schedule 7, item 1, page 97 (after line 18), after clause 47, insert:

47A Casual employees of small business employers

(1) This clause applies in relation to an employee and a small business employer if any or all of the following apply:

(a) the employee was, immediately before commencement (and disregarding subclause 46(3)), a casual employee of the employer;

(b) the employee was, immediately before commencement (and disregarding subclause 46(3)), designated as a casual employee by the employer for the purposes of:

(i) any fair work instrument that applies to the employee; or

(ii) the employee's contract of employment;

(c) the employee is a casual employee of the employer within the meaning of section 15A of the amended Act because of an offer of an employment made before commencement.

(2) Division 4A, other than Subdivision B, of Part 2-2 of the amended Act applies in relation to the employee and employer to whom paragraph (1)(a) or (b) applies on and after commencement as if the employee were a casual employee of the employer within the meaning of section 15A of the amended Act.

(3) An employer referred to in subclause (1) must give an employee referred to in that subclause a Casual Employment Information Statement as soon as practicable after commencement.