House debates Bills

Fair Work Amendment (Protecting Penalty and Overtime Rates) Bill 2025; Consideration in Detail

Thursday, 31 July 2025 House of Representatives

Tim Wilson

Tim Wilson Goldstein, Liberal Party, Shadow Minister for Small Business

12:02 pm

Sure. Amendment (1) reads:

Schedule 1, item 1, page 3 (line 6) to page 3 (line 18), omit section 135A, substitute:

135A Special provisions relating to penalty rates and overtime rates

(1) In exercising its powers under this Part to make, vary or revoke modern awards, the FWC must be satisfied that:

(a) the rate of a penalty rate or an overtime rate that employees are entitled to receive under the modern award is not reduced; and

(b) modern awards do not include terms that substitute employees' entitlements to receive penalty rates or overtime rates where those terms would have the effect of reducing the additional remuneration referred to in paragraph 134(1)(da) that an affected employee would otherwise receive under the modern award.

(2) Subsection (1) does not apply when the—

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