Thursday, 14 May 2020
Regulations and Determinations
Fair Work Amendment (Variation of Enterprise Agreements) Regulations 2020; Disallowance
Before moving business of the Senate notice of motion No. 4, I wish to inform the chamber that Senators Patrick will also sponsor the motion. I, and also on behalf of Senators Farrell and all other opposition senators, and Senators Lambie, Faruqi, Siewert and Patrick, move:
That the Fair Work Amendment (Variation of Enterprise Agreements) Regulations 2020, made under the Fair Work Act 2009, be disallowed [F2020L00432].
This regulation amends the formal access period applicable to a variation for an enterprise agreement to allow flexibility to respond to the COVID-19 pandemic. Employees retain the right to vote on any proposal. An agreement varied in this way must still pass the better-off-overall test, and the Fair Work Commission must still be satisfied that the variation was genuinely agreed. The government has not been made aware of any instances of misuse and has in any case committed to review the operation of the regulation in coming weeks to ensure this continues to be the case.