Amanda Rishworth (Kingston, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Hansard source

I present a supplementary explanatory memorandum to the bill, and I move the government amendment as circulated:

(1) Schedule 1, item 1, page 3 (after line 18), at the end of section 135A, add:

  (3) Nothing in subsection (1) requires the FWC to exercise its powers under this Part to make, vary or revoke modern awards.

The amendment introduces new subsection (3) to proposed section 135A, putting it beyond doubt that the changes introduced by this bill do not require or compel the Fair Work Commission to undertake a review of all modern awards to see whether the new principle applies or not; review award terms outside the scope of an application before the commission; or exercise its powers to make, vary or revoke a modern award. It was never the intent of the bill to compel the commission to undertake a review of all modern awards or to review penalty and overtime rates if those terms are outside the scope of the particular application before the commission.

We are and have been incredibly confident that the bill as introduced, without this amendment, would not have operated in this way. However, the government is committed to ongoing genuine consultation, which I have afforded to the opposition but also, of course, to business, employer representatives and unions. We are amending the bill for the avoidance of any doubt and to provide certainty for stakeholders, in good faith. I commend the amendment.

Question agreed to.

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