SAWIA supports legislation to amend the Fair Work Act

Tuesday, Dec 22, 2015

The Federal Government has introduced the Fair Work Amendment (Remaining Measures) Bill 2015 to amend the Fair Work Act 2009. SAWIA has made a submission to the Senate inquiry into the bill, supporting the introduction of the Bill as it contains a number of measures to better balance the requirements under the Act and to provide greater clarity and certainty for wine industry employers.

The Fair Work Amendment (Remaining Measures) Bill 2015 seeks a number of changes to the Fair Work Act 2009, including:

- Untaken annual leave to be paid out as provided by the applicable industrial instrument; 
- No accrual of annual leave during periods of workers compensation; 
- The introduction of an employee genuine needs statement for an IFA;
- The introduction of thirteen weeks’ notice for unilateral termination of an IFA;
- The introduction of a legislative note to clarify that an IFA can provide for non-monetary benefits;
- The introduction of a defence against a contravention of flexibility term where the employer reasonably believes that the requirements were complied with; and
- Ensuring that an enterprise agreement cannot reduce the scope of an IFA. 

The measures of the Bill are modest, pragmatic and practical and would improve the operation of the Fair Work Act 2009 consistent with the overall objects and spirit of the Act.