Sue Lines (President) Share this | Hansard source

The question is that the amendments on sheet 3743 be agreed to.

Australian Greens' circulated amendments—

(1) Schedule 1, heading, page 3 (line 1), omit "Amendments", substitute "Time-sensitive road transport contractual chain orders".

(2) Schedule 1, item 31, page 10 (line 16), after "by", insert "Schedule 1 to the".

(3) Page 10 (after line 28), at the end of the Bill, add:

Schedule 3 — Mandatory terms of workplace determinations must not be less favourable

Fair Work Act 2009

1 Section 270A (heading)

Repeal the heading, substitute:

270A Certain terms must not be less favourable

2 After subsection 270 A( 2)

Insert:

(2A) A term that is included in the determination to comply with subsection 273(2), (4), (5) or (6), must be not less favourable to each of those employees, and any employee organisation that was a bargaining representative of any of those employees, than a term of the enterprise agreement that deals with the same matter as the term included in the determination.

Note: In addition, the delegates' rights term included in compliance with subsection 273(6) must not be less favourable than the delegates' rights term in any modern award that covers a workplace delegate to whom the determination applies (see subsection 273(7)).

3 Subsection 273(4)

After "must include the model flexibility term", insert ", or, if section 270A applies, a term that complies with section 270A,".

4 Subsection 273(5)

After "must include the model consultation term", insert ", or, if section 270A applies, a term that complies with section 270A,".

5 In the appropriate position in Schedule 1

Insert:

Part 24 — Amendments made by Schedule 3 to the Fair Work Amendment (Fairer Fuel) Act 2026

133 Definitions

In this Part:

amended Act means this Act as amended by the Fair Work Amendment (Fairer Fuel) Act 2026.

134 Application of amendments — workplace determinations

(1) Sections 270A and 273 of the amended Act apply in relation to workplace determinations made on or after the commencement of Schedule 3 to the Fair Work Amendment (Fairer Fuel) Act 2026 including:

(a) for intractable bargaining workplace determinations—determinations in relation to which the intractable bargaining declaration concerned, or the application for the declaration concerned, was made before that commencement; or

(b) for an industrial action related workplace determination—any conditions necessary for the making of the determination were satisfied before, on or after that commencement.

(2) Sections 270A and 273 of the amended Act also apply in relation to intractable bargaining workplace determinations made before that commencement, in the circumstances described in clause 135.

135 Application of amendments to intractable bargaining workplace determinations made before commencement

(1) This clause applies in relation to an intractable bargaining workplace determination made before the commencement of Schedule 3 to the Fair Work Amendment (Fairer Fuel) Act 2026 (the original determination).

(2) On application by an employer, employee or employee organisation covered by the original determination, the FWC must make a determination (a variation) varying the original determination where required so as to give effect to the amendments made to sections 270A and 273 by the Fair Work Amendment (Fairer Fuel) Act 2026.

(3) An application under subclause (2) must be made before the end of the period of 12 months commencing on the day Schedule 3 to the Fair Work Amendment (Fairer Fuel) Act 2026 commences.

(4) The FWC may make a variation despite paragraph 603(3)(c).

(5) Any variation must be made by a Full Bench.

(6) A variation operates from the day specified by the FWC in the variation, which must not be a day before the variation is made.