The Terms of Reference for the post-implementation review are:
A number of parts of the Fair Work Amendment Act 2013 commenced operation on 1 January 2014 and amended the Fair Work Act 2009 (the Fair Work Act) to:
- Establish new rules around making changes to regular rosters and working hours.
- Amend the modern awards objective to require that the Fair Work Commission (FWC) take into the account the need to provide additional remuneration for employees working outside normal hours.
- Establish an individual right of recourse to the FWC for people who have been bullied at work.
- Amend the right of entry provisions in relation to disputes over frequency of visits for discussions and location of discussions.
- Include new requirements to provide transport and accommodation to facilitate right of entry access to remote workplaces.
- Enable the FWC to arbitrate general protections dismissal disputes and unlawful termination disputes, where the parties consent.
A Regulation Impact Statement was not prepared for the legislation so the Department of Employment must conduct a post-implementation review (the Review) of the changes in accordance with the Australian Government’s regulation impact analysis requirements.
The Review will report on the regulatory impact of the above aspects of the Fair Work Amendment Act 2013, examining whether the regulation remains appropriate and how effective and efficient it has been in meeting its objectives. The Review will undertake this assessment on the basis of evidence, including:
- submissions from stakeholders and other interested parties
- consultations with key stakeholders
- other relevant sources of data.
The department will produce a report drawing on this evidence which will be assessed for compliance with the Government’s regulation impact analysis requirements by the Office of Best Practice Regulation.
Making a submission
For accessibility reasons, please submit responses in Word or RTF format attached to an email. An additional PDF version may also be submitted.
Address submissions to:
Fair Work Amendment Act 2013 post- implementation review
Framework Policy Branch
Australian Government Department of Employment
GPO Box 9880
Canberra ACT 2601
Email submissions to: FWAAmendment2013PIR@employment.gov.au
The closing date for submissions is 5.00pm AEDST, 14 October 2015.
The Department reserves the right to disregard submissions received after the closing date.
Publication of submissions may occur.
If submissions are published, all information (including name and organisation details) contained in submissions will be made available to the public on the Departmental website unless you indicate that you would like all or part of your submission to remain in confidence. Automatically generated confidentiality statements in emails do not suffice for this purpose. If you would like part of your submission to remain in confidence, you should provide this information marked as such in a separate attachment.
Legal requirements, such as those imposed by the Freedom of Information Act 1982, may affect the confidentiality of your submission.