IR legislation passes Senate

The Fair Work Amendment Bill 2012 (FWA Bill) was passed by the Senate.

The majority of the provisions of the FWA Bill, including those relating to bargaining, general protections and unfair dismissal claims and changes to Fair Work Australia, will commence on a day to be proclaimed or the day after six months from the date of Royal Assent.

Also passed by the Senate in the same session was the Fair Entitlements Guarantee Bill 2012. This Bill replaces the General Employee Entitlements and Redundancy Scheme with a new scheme which allows employees made redundant through their employer’s bankruptcy or insolvency to access an advance on their entitlements which the Commonwealth will then seek to recover from the employer via winding up or bankruptcy proceedings. Some sections of this Bill will commence upon Royal Assent with the balance commencing seven days from Royal Assent.

The Fair Work Amendments (Transfer of Business) Bill 2012 also passed the Senate. This Bill provides for public sector employees who are transferred to a private sector organisation with a connection to the old employer to retain their existing terms and conditions of employment. This Bill commences on the day after it receives Royal Assent.

In an already busy day for industrial relations in parliament, The Fair Work Amendment (Tackling Job Insecurity) Bill 2012 had its first reading in the House of Representatives and Senator Abetz moved for the introduction of the Fair Work (Registered Organisations) Amendment (Towards Transparency) Bill 2012.