About the Fair Work Amendment Act 2013On this page:
- The Commission to promote cooperative and productive workplace relations
- Amended modern awards objective
- Anti-bullying jurisdiction
- Consent arbitration of general protections & unlawful termination disputes
- Consultation term in modern awards & enterprise agreements
- Right of entry
The Fair Work Amendment Act 2013 (the Amendment Act) received Royal Assent on 28 June 2013. The Amendment Act provides some new functions for the Fair Work Commission.
Some of these new functions took effect as of 1 July 2013. The remainder will take effect on 1 January 2014.
The Commission now has an express function in promoting cooperative and productive workplace relations and preventing disputes.
From 1 January 2014, the modern awards objective will require the Commission to take into account the need to provide additional remuneration for employees working:
- unsocial, irregular or unpredictable hours
- weekends or public holidays, or
From 1 January 2014, a worker in a constitutionally covered business who reasonably believes that he or she has been bullied at work can apply to the Commission for an order to stop the bullying. The Commission must start to deal with the application within 14 days.
Further information about this new jurisdiction will be made available at a later stage.
- Draft Fair Work Commission Rules 2013 (includes draft anti-bullying amendments, which are marked as tracked changes) (383 kb), Word version (170 kb)
- Draft Form F72—Application for an order to stop bullying (199 kb), Word version (165 kb)
- Draft Form F73—Response from the employer/principal (166 kb), Word version (157 kb)
- Draft Form F74—Response from a person against whom bullying has been alleged (161 kb), Word version (156 kb)
From 1 January 2014, an applicant can, with the employer’s agreement and within 14 days after the day the Commission issues a certificate in general protections dismissal dispute or an unlawful termination dispute, have the dispute arbitrated by the Commission. This consent arbitration is an alternative to a court application.
Note: from 1 January 2014, lodgment timeframes for unlawful termination applications made under s.773 of the Fair Work Act 2009 will change:
- for dismissals that occur on or before 31 December 2013, applications need to be made within 60 days after the date the dismissal took effect.
- for dismissals that occur on or after 1 January 2014, applications need to be made within 21 days after the date the dismissal took effect.
- Draft Form F8B—Consent arbitration for general protections disputes (142 kb),
Word version (87 kb)
- Draft Form F9B—Consent arbitration for unlawful termination disputes (138 kb),
Word version (102 kb)
From 1 January 2014, modern awards and enterprise agreements must contain a term requiring employers to consult with employees about changes to their regular rosters or ordinary hours of work. By 31 December 2013, the Commission must make determinations varying all modern awards to include the new consultation term.
From 1 January 2014, the Commission has greater capacity to deal with disputes about the frequency of visits to workplaces by permit holders, and the Commission may deal with disputes about the new arrangements for provision of transport and accommodation to permit holders at remote workplaces.
Page updated: 9 December 2013