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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Fair Work Amendment (Prohibiting
COVID-19 Vaccine Discrimination) Bill
2023
No. , 2023
(Senators Canavan, Antic and Rennick)
A Bill for an Act to amend the Fair Work Act 2009,
and for related purposes
No. , 2023
Fair Work Amendment (Prohibiting COVID-19 Vaccine
Discrimination) Bill 2023
i
Contents
1
Short title .............................................................................. 1
2
Commencement .................................................................... 1
3
Schedules .............................................................................. 2
Schedule 1--Amendments
3
Fair Work Act 2009
3
No. , 2023
Fair Work Amendment (Prohibiting COVID-19 Vaccine
Discrimination) Bill 2023
1
A Bill for an Act to amend the Fair Work Act 2009,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Fair Work Amendment (Prohibiting COVID-19
5
Vaccine Discrimination) Act 2023
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Fair Work Amendment (Prohibiting COVID-19 Vaccine
Discrimination) Bill 2023
No. , 2023
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
No. , 2023
Fair Work Amendment (Prohibiting COVID-19 Vaccine
Discrimination) Bill 2023
3
Schedule 1--Amendments
1
2
Fair Work Act 2009
3
1 Section 12
4
Insert:
5
COVID-19 vaccination status
means the status of a person relating
6
to whether, and to what extent, the person has been vaccinated
7
against the coronavirus known as COVID-19 (including any
8
subsequent variants of that virus).
9
2 Subsection 153(1)
10
After "intersex status,", insert "COVID-19 vaccination status,".
11
3 Subsection 195(1)
12
After "intersex status,", insert "COVID-19 vaccination status,".
13
4 Subsection 351(1)
14
After "intersex status,", insert "COVID-19 vaccination status,".
15
5 Paragraph 351(2)(a)
16
Before "not unlawful", insert "for action taken other than because of a
17
person's COVID-19 vaccination status--".
18
6 Paragraph 578(c)
19
After "intersex status,", insert "COVID-19 vaccination status,".
20
7 Paragraph 772(1)(f)
21
After "intersex status,", insert "COVID-19 vaccination status,".
22
8 Section 789HB (at the end of the heading)
23
Add "
--breastfeeding, gender identity or intersex status
".
24
9 At the end of Part 6-4E
25
Add:
26
Schedule 1
Amendments
4
Fair Work Amendment (Prohibiting COVID-19 Vaccine
Discrimination) Bill 2023
No. , 2023
789HC Extension of anti-discrimination rules--COVID-19
1
vaccination status
2
State referral laws
3
(1) Subsection (3) applies for the purposes of the operation of the
4
provisions identified in subsection (2) in relation to COVID-19
5
vaccination status.
6
(2) The provisions are as follows:
7
(a) section 153;
8
(b) section 172A;
9
(c) section 195.
10
(3) In applying sections 30H and 30S in relation to that operation of
11
the provisions identified in subsection (2), assume that:
12
(a) the matter to which that operation of those provisions relates
13
is not an excluded subject matter for the purposes of:
14
(i) the State's referral law mentioned in sections 30H and
15
30S; and
16
(ii) Divisions 2A and 2B of Part 1-3; and
17
(b) the referral of that matter by that referral law results in the
18
Parliament of the Commonwealth having sufficient
19
legislative power for those provisions (to the extent of that
20
operation) to have effect.
21
Protection against adverse action
22
(4) The provisions identified in subsection (6), as they operate in
23
relation to COVID-19 vaccination status, apply to action taken in a
24
State.
25
Note:
Action taken in a State includes action taken by a State public sector
26
employer in a State.
27
(5) For the purposes of the provisions identified in subsection (6), as
28
they operate in relation to COVID-19 vaccination status:
29
(a) a reference to an employee with its ordinary meaning
30
includes a reference to a law enforcement officer of a State or
31
the Northern Territory; and
32
Amendments
Schedule 1
No. , 2023
Fair Work Amendment (Prohibiting COVID-19 Vaccine
Discrimination) Bill 2023
5
(b) a reference to an employer with its ordinary meaning
1
includes a reference to the Commissioner (however
2
described) of the police service or police force of a State or
3
the Northern Territory; and
4
(c) the Commissioner (however described) of the police service
5
or police force of a State or the Northern Territory is taken to
6
be an employer of law enforcement officers of the State or
7
the Northern Territory, as the case requires.
8
(6) The provisions are as follows:
9
(a) section 351;
10
(b) any other provision of Part 3-1, to the extent the provision
11
relates to section 351.
12
(7) Subsections (4) to (6) apply despite sections 30G, 30R and 337,
13
and do not limit the operation of sections 338 and 339 (which deal
14
with the application of Part 3-1).
15
10 In the appropriate position in Schedule 1
16
Insert:
17
Part 14--Amendments made by the Fair Work
18
Amendment (Prohibiting COVID-19
19
Vaccine Discrimination) Act 2023
20
86 Application of amendments
21
(1) Subject to subclauses (2) and (3), the amendments made by
22
Schedule 1 to the
Fair Work Amendment (Prohibiting COVID-19
23
Vaccine Discrimination) Act 2023
apply on and after the
24
commencement of that Schedule.
25
(2) The amendments of section 195 made by that Schedule apply in
26
relation to enterprise agreements made on and after the
27
commencement of that Schedule.
28
(3) The amendments of section 351 made by that Schedule apply in
29
relation to adverse action taken on and after the commencement of
30
that Schedule.
31