16th May 2024, 6:10 PM – Senate Fair Work Amendment Bill 2024 - Committee of the Whole - Repeal the right to disconnect, civil penalties and excluded employers

The majority voted against amendments moved by West Australian Senator Michaelia Cash (Liberal) on behalf of the Opposition, which means they failed. The amendments related to repealing the right to disconnect, civil penalties and excluded employers.

Amendment text

SHEET 2415 - Repeal the right to disconnect

(1) Clause 2, page 2 (table item 1), omit the table item, substitute:

1. The whole of this Act

Immediately after the commencement of Part 8 of Schedule 1 to the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024.

However, the provisions do not commence at all if that Part does not commence.

(2) Schedule 1, item 1, page 3 (lines 4 to 7), omit the item, substitute:

1 Section 12 (definition of right to disconnect term)

Repeal the definition.

2 Section 149F

Repeal the section.

3 Section 321 (paragraph beginning "Division 6")

Repeal the paragraph.

4 Division 6 of Part 2-9

Repeal the Division.

5 Subsection 539(2) (table item 10E)

Repeal the item.

6 Division 5A of Part 16 of Schedule 1

Repeal the Division.

SHEET 2416 - Civil penalties

(1) Clause 2, page 2 (table item 1), omit the table item, substitute:

1. The whole of this Act

Immediately after the commencement of Part 8 of Schedule 1 to the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 .

However, the provisions do not commence at all if that Part does not commence.

(2) Page 3 (after line 7), at the end of the Bill, add:

Schedule 2 — Civil penalties

Fair Work Act 2009

1 Section 333Q (note)

Repeal the note.

2 Subsection 539(2) (table item 10E)

Repeal the item.

SHEET 2417 - Excluded employers

(1) Clause 2, page 2 (table item 1), omit the table item, substitute:

1. The whole of this Act

Immediately after the commencement of Part 8 of Schedule 1 to the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 .

However, the provisions do not commence at all if that Part does not commence.

(2) Page 3 (after line 7), at the end of the Bill, add:

Schedule 3 — Employers that employ fewer than 20 employees

Fair Work Act 2009

1 Before Subdivision A of Division 6 of Part 2-9

Insert:

Subdivision AA — Application of this Division

333MA Division does not apply to certain employers and employees

(1) This Division does not apply in relation to:

(a) an employer that employs fewer than 20 employees; or

(b) an employee of an employer that employs fewer than 20 employees.

(2) For the purposes of subsection (1), in calculating the number of employees employed by an employer at a particular time:

(a) subject to paragraphs (b) and (c)—all employees employed by the employer at that time are to be counted; and

(b) a casual employee is not to be counted unless, at that time, the employee is a regular casual employee of the employer; and

(c) a part-time employee (including a part-time casual employee counted under paragraph (b)) is to be counted as an appropriate fraction of a full-time equivalent.

2 Clause 111D of Schedule 1

Repeal the clause.