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<< Return to previous page | House of Representatives Standing Committee on Education and Employment Navigation: Previous Page | Contents | Next Page Appendix A—Text of the Bill2010-2011-2012
The Parliament of the Commonwealth of Australia
HOUSE OF REPRESENTATIVES Presented and read a first time Fair Work Amendment (Better Work/Life Balance) Bill 2012 No. , 2012
(Mr Bandt)
A Bill for an Act to amend the Fair Work Act 2009, and for related purposes Contents 1 Short title.................................................................................1 2 Commencement...................................................................1 3 Schedule(s)............................................................................1 Schedule 1—Amendments 3 Fair Work Act 2009 3
1 A Bill for an Act to amend the Fair Work Act 2009, and 2 for related purposes 3 The Parliament of Australia enacts: 4 1 Short title 5 This Act may be cited as the Fair Work Amendment (Better 7 2 Commencement 8 This Act commences on the day after this Act receives
the Royal 10 3 Schedule(s) 11 Each Act that is specified in a Schedule to this Act
is amended or 1 Schedule 1—Amendments
3 Fair Work Act 2009 4 1 Paragraph 5(8)(a)
8 2 Section 12 10 flexible working arrangements order: see subsection 306F(1).
13 4 At the end of paragraph 43(2)(a) 17 5 Subsection 44(2) 19 6 Subsection 44(2) (note 1) 23 7 Subsection 44(2) (note 2) 25 8 Division 4 of Part 2 2 27 9 Section 146 (note) 1 10 After paragraph 172(1)(c) 4 11 Subsection 186(6) (notes 1 and 2) 6 12 After Part 2 7 8 Part 2 7A—Flexible working arrangements 9 Division 1—Introduction 10 306A Guide to this Part
12 13 16 19 306B Meanings of employee and employer 20 In this Part, employee
means a national system employee, and 22 306C State and Territory laws that are not excluded 23 (1) This Act is
not intended to apply to the exclusion of laws of a State 1 are more
beneficial to employees than the entitlements under this 3 (2) However, a
law of a State or Territory has no effect in relation to 8 Division 2—Requests for flexible working arrangements 9 306D Requests for flexible working arrangements 10 Employee or organisation may request change 11 (1) An employee,
or an employee organisation that is entitled to 14
Note:
Examples of changes in working arrangements include changes in 17 (2) Neither the
employee, nor the organisation, is entitled to make the 27 Formal requirements 28 (3) The
request must: 1 Responding to the request 2
(4)
The employer must give the employee, or the employee 6
(5)
The employer may refuse the request only on reasonable business 8
(6)
If the employer refuses the request, the written response under 10 306E Requests for flexible working arrangements—carers 11 Request for change for employee who is a carer 12
(1)
An employee who has responsibility for the care of another person, 17
Note: Examples
of changes in working arrangements include changes in 20
(2)
Neither the employee, nor the organisation, is entitled to make the 30 Formal requirements 31
(3)
The request must: 2
(4)
The employer must give the employee, or the employee 6
(5)
The employer may refuse the request only on serious 8
(6)
If the employer refuses the request, the written response under 10 Division 3—Flexible working arrangements orders 11 306F FWA may make flexible working arrangements order 12 Power to make flexible working arrangements order 13
(1)
FWA may make any order (the flexible working arrangements 16 Who may apply for flexible working arrangements order 17
(2)
FWA may make a flexible working arrangements order only on 27 306G Implementation of flexible working arrangements in stages 28 A flexible
working arrangements order may implement changed 1 306H Contravening a working arrangements order 2 An employer must
not contravene a term of a flexible working 4 Note: This section is a civil remedy provision (see Part 4 1). 5 306I Inconsistency with modern awards and enterprise agreements 6 (1) A term of a
modern award has no effect in relation to an employee 9 (2) A term of a
flexible working arrangements order has no effect in 12 13 Subsection 539(2) (after table item 9) 14
15 16
14 Subsection
545(1) (note 4) 18 15 After paragraph 557(2)(f) 1 16 After paragraph 576(1)(f) 4 17 Paragraph
653(1)(c) 12 18 After paragraph 675(2)(e) 15 19 At the end of subsection 716(1) 18 20 Subsection 739(2) 20 21 Subsection 739(2) (note) 22 22 Subsection 740(2) 24 23 Subsection 740(2) (note)
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