Senate debates

Wednesday, 27 August 2025

Bills

Fair Work Amendment (Protecting Penalty and Overtime Rates) Bill 2025; In Committee

11:11 am

Photo of Murray WattMurray Watt (Queensland, Australian Labor Party, Minister for the Environment and Water) Share this | Hansard source

This amendment is a suite of amendments to change the scope and parameters of the principle by providing carve-outs, exemptions and competing factors for the commission in making its decision. I'm not sure the Senate would agree with that characterisation, but I think that is what we see it as attempting to do.

The government will oppose this amendment. The amendment seeks to dilute the bill in numerous ways by providing carve-outs, exemptions and competing factors for the commission in making its decision. Not only does this amendment seek to erode the fundamental purpose of this bill, which is to protect penalty rates; it also looks to add an array of additional complexity into the principle and put additional parameters on the commissioner's discretion. I note that the complexity and the independence of the commission are two things the coalition has criticised this bill for.

We've consulted genuinely and transparently on this bill with unions and employer representatives. The bill has been through a Senate committee process, where stakeholders were provided an opportunity to publicly provide feedback. The outcome of that process is clear—that the bill should be passed. As a statement of principle, the government believes that every award-reliant worker deserves protection of their penalty and overtime rates. For those who rely on those penalty and overtime rates to make ends meet, the bill gives them certainty that their take-home pay will not go backwards.

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