Overview

• The Fair Work Amendment (Protecting Penalty and Overtime Rates) Bill was introduced in the House of Representatives on July 23 by Employment Minister Amanda Rishworth to legally safeguard weekend, public holiday and overtime loadings in all modern awards.
• The legislation prevents the Fair Work Commission from approving any award variation that would reduce or substitute penalty or overtime rates if it cuts a worker’s take-home pay.
• The bill responds to an Australian Retailers Association-led push and support from major chains to let some retail managers trade off penalty entitlements for higher base salaries.
• The Coalition has expressed in-principle backing but insists on a formal regulatory impact statement and detailed consultation with small businesses before committing its votes.
• Labor is negotiating with the Greens and other crossbenchers to secure the Senate votes needed for the bill’s passage.