What was debated in Parliament
Summarised using AI from the official Hansard transcript of the debate only. It is not a record of the debate and may leave things out. Read the Hansard below to check it.
This bill adds a rule to the Fair Work Act saying that when the Fair Work Commission makes or changes modern awards, it must not cut penalty or overtime rates, or allow them to be rolled into a single rate that leaves any employee worse off. The Government said it was needed because employer groups had applications before the Commission covering the retail, banking and clerical awards. The debate focused on whether the bill protects low-paid workers or limits choice and flexibility, the Commission's independence, possible effects on existing awards, and small business.
Arguments made in support
The Government said about 2.6 million award workers, many of them women, young people and casuals, rely on penalty rates to pay bills and should not go backwards.
Government members said current applications could leave some retail workers more than $5,000 a year worse off, so the law needed to change quickly.
The Government said the bill adds no new obligations on businesses, does not apply backwards, and leaves enterprise bargaining and individual flexibility arrangements unchanged.
The Greens, One Nation and Senator Tyrrell supported the bill, though the Greens called it a defensive step and Senator Tyrrell wanted a regulatory impact statement.
Arguments made against, or for changes
Coalition speakers said they support penalty rates but the bill is unnecessary because the Commission already protects them, and it undermines the Commission's independence.
Coalition speakers said the bill removes workers' choice to take a higher, steadier base salary, which can help with loans and Centrelink reporting.
The Coalition said there was no regulatory impact statement or small business consultation, and moved amendments for a small business exemption and an impact statement.
Independents Kate Chaney and Allegra Spender opposed the bill, saying it pre-empts the Commission and adds complexity; Ms Spender urged making productivity an objective of awards.
The Greens moved amendments for a right to work from home and wider rights to request flexible work; the Government opposed them as outside the bill's scope.
442 speeches by 53 members in the House and Senate over 7 sitting days.
Hansard: House of Representatives, 24 July 2025 ›
The official Hansard (PDF), Parliament of Australia
Hansard: House of Representatives, 30 July 2025 ›
The official Hansard (PDF), Parliament of Australia
Hansard: House of Representatives, 31 July 2025 ›
The official Hansard (PDF), Parliament of Australia
Hansard: Senate, 25 Aug 2025 ›
The official Hansard (PDF), Parliament of Australia
Hansard: Senate, 26 Aug 2025 ›
The official Hansard (PDF), Parliament of Australia
Hansard: Senate, 27 Aug 2025 ›
The official Hansard (PDF), Parliament of Australia
Hansard: Senate, 28 Aug 2025 ›
The official Hansard (PDF), Parliament of Australia
Includes votes on amendments and procedure.