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senate vote 2021-03-18#16
Edited by
mackay staff
on
2022-07-08 11:05:11
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Title
Bills — Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Bill 2021; in Committee- Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Bill 2021 - in Committee - Small business employers
Description
<p class="speaker">Malcolm Roberts</p><p>In the name of Pauline Hanson's One Nation, I move the amendments on sheet 1249, revised:</p>-
- The majority voted in favour of [amendments](https://www.openaustralia.org.au/senate/?gid=2021-03-18.65.1) introduced by Queensland Senator [Malcolm Robert](https://theyvoteforyou.org.au/people/senate/queensland/malcolm_roberts) (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:*
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- >> *(b) whether the person will work as required according to the needs of the employer;*
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- > *(2) Schedule 1, item 3, page 6 (before line 2), before section 66B, insert:*
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- >> *66AA Subdivision does not apply to small business employers*
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- >> *This Subdivision does not apply in relation to an employer that is a small business employer.*
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- > *(3) Schedule 1, item 3, page 9 (line 27), before "the request", insert "if the employer is not a small business employer—".*
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- > *(4) Schedule 1, item 3, page 9 (after line 28), at the end of subsection 66F(1), add:*
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- >> *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.*
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- > *(5) Schedule 1, item 5, page 14 (after line 26), after paragraph 125A(2)(d), insert:*
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- >> *(da) casual conversion entitlements of casual employees employed by small business employers;*
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- > *(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".*
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- > *(7) Schedule 7, item 1, page 96 (line 2), after "employer", insert "(other than a small business employer)".*
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- > *(8) Schedule 7, item 1, page 96 (line 17), after "employer", insert "(other than a small business employer)".*
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- > *(9) Schedule 7, item 1, page 97 (after line 18), after clause 47, insert:*
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- >> *47A Casual employees of small business employers*
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- >> *(1) This clause applies in relation to an employee and a small business employer if any or all of the following apply:*
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- >>> *(a) the employee was, immediately before commencement (and disregarding subclause 46(3)), a casual employee of the employer;*
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- >>> *(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;*
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- >>> *(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.*
<p class="italic">(1) Schedule 1, item 2, page 4 (line 24), omit paragraph 15A(2)(b), substitute:</p><p class="italic">(b) whether the person will work as required according to the needs of the employer;</p><p class="italic">(2) Schedule 1, item 3, page 6 (before line 2), before section 66B, insert:</p><p class="italic">66AA Subdivision does not apply to small business employers</p><p class="italic">This Subdivision does not apply in relation to an employer that is a small business employer.</p><p class="italic">(3) Schedule 1, item 3, page 9 (line 27), before "the request", insert "if the employer is not a small business employer—".</p><p class="italic">(4) Schedule 1, item 3, page 9 (after line 28), at the end of subsection 66F(1), add:</p><p class="italic">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.</p><p class="italic">(5) Schedule 1, item 5, page 14 (after line 26), after paragraph 125A(2)(d), insert:</p><p class="italic">(da) casual conversion entitlements of casual employees employed by small business employers;</p><p class="italic">(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".</p><p class="italic">(7) Schedule 7, item 1, page 96 (line 2), after "employer", insert "(other than a small business employer)".</p><p class="italic">(8) Schedule 7, item 1, page 96 (line 17), after "employer", insert "(other than a small business employer)".</p><p class="italic">(9) Schedule 7, item 1, page 97 (after line 18), after clause 47, insert:</p><p class="italic">47A Casual employees of small business employers</p><p class="italic">(1) This clause applies in relation to an employee and a small business employer if any or all of the following apply:</p><p class="italic">(a) the employee was, immediately before commencement (and disregarding subclause 46(3)), a casual employee of the employer;</p><p class="italic">(b) the employee was, immediately before commencement (and disregarding subclause 46(3)), designated as a casual employee by the employer for the purposes of:</p><p class="italic">(i) any fair work instrument that applies to the employee; or</p><p class="italic">(ii) the employee's contract of employment;</p><p class="italic">(c) the employee is a casual employee of the employer within the meaning of</p><p class="italic">section 15A of the amended Act because of an offer of an employment made before commencement.</p><p class="italic">(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.</p><p class="italic">(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.</p> <p class="speaker">Sue Lines</p><p>The question is that amendments (1) to (9) on sheet 1249, revised, standing in the name of Senator Roberts be agreed to.</p><p>The committee divided. [14:10]</p><p>(The Chair—Senator Lines)</p><p>Question agreed to.</p> -
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