Fair Work Act proposed changes

The Fair Work Amendment Bill 2014 has been introduced into the House of Representatives.

The Bill contains amendments to the Fair Work Act 2009 including to provide that:

  • an employer must not refuse a request for extended unpaid parental leave unless the employer has given the employee a reasonable opportunity to discuss the request;
  • on termination of employment, untaken annual leave is paid out as provided by the applicable industrial instrument;
  • an employee cannot take or accrue leave under the Fair Work Act during a period in which the employee is absent from work and in receipt of workers‘ compensation;
  • require flexibility terms in modern awards and enterprise agreements;
  • establish a new process for the efficient negotiation of single-enterprise greenfields agreements;
  • amend the right of entry framework of the Fair Work Act;
  • there will not be a transfer of business when an employee becomes employed with an associated entity of his or her former employer after seeking that employment on his or her own initiative before the termination of the employee‘s employment with the old employer.

It is not certain that the Senate will pass the Bill.

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