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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 Legislation Amendment
(Strengthening Protections Against
Discrimination) Bill 2023
No. , 2023
(Senators Lambie and David Pocock)
A Bill for an Act to amend the law relating to
workplace relations, and work health and safety,
and for related purposes
No. , 2023
Fair Work Legislation Amendment (Strengthening Protections Against
Discrimination) Bill 2023
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Strengthening protections against discrimination
3
Fair Work Act 2009
3
No. , 2023
Fair Work Legislation Amendment (Strengthening Protections
Against Discrimination) Bill 2023
1
A Bill for an Act to amend the law relating to
1
workplace relations, and work health and safety,
2
and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Fair Work Legislation Amendment (Strengthening
6
Protections Against Discrimination) Act 2023.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Fair Work Legislation Amendment (Strengthening Protections Against
Discrimination) Bill 2023
No. , 2023
1
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
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Strengthening protections against discrimination
Schedule 1
No. , 2023
Fair Work Legislation Amendment (Strengthening Protections Against
Discrimination) Bill 2023
3
Schedule 1--Strengthening protections
1
against discrimination
2
3
Fair Work Act 2009
4
1 Subsection 153(1)
5
After "family or carer's responsibilities,", insert "subjection to family
6
and domestic violence,".
7
2 Subsection 195(1)
8
After "family or carer's responsibilities,", insert "subjection to family
9
and domestic violence,".
10
3 Subsection 351(1)
11
After "family or carer's responsibilities,", insert "subjection to family
12
and domestic violence,".
13
4 Section 578
14
After "family or carer's responsibilities,", insert "subjection to family
15
and domestic violence,".
16
5 Paragraph 772(1)(f)
17
After "family or carer's responsibilities,", insert "subjection to family
18
and domestic violence,".
19
6 Before section 789HA
20
Insert:
21
Division 1--Breastfeeding, gender identity and intersex
22
status
23
7 Section 789HA (heading)
24
Omit "
Part
", substitute "
Division
".
25
8 Section 789HA
26
Omit "Part", substitute "Division".
27
Schedule 1
Strengthening protections against discrimination
4
Fair Work Legislation Amendment (Strengthening Protections Against
Discrimination) Bill 2023
No. , 2023
9 At the end of Part 6-4E
1
Add:
2
Division 2--Family and domestic violence
3
789HC Constitutional basis of this Division
4
This Division relies on the Commonwealth's legislative powers
5
under paragraph 51(xxix) (external affairs) of the Constitution as it
6
relates to giving effect to Australia's obligations under:
7
(a) the ILO Convention (No. 111) concerning Discrimination in
8
respect of Employment and Occupation, done at Geneva on
9
25 June 1958; and
10
(b) the ILO Convention (No. 190) concerning the elimination of
11
violence and harassment in the world of work, done at
12
Geneva on 21 June 2019.
13
Note:
The Conventions could in 2023 be viewed in the Australian Treaties
14
Library on the AustLII website (http://www.austlii.edu.au).
15
789HD Extension of anti-discrimination rules
16
(1) Subsection (3) applies for the purposes of the operation of the
17
provisions identified in subsection (2) in relation to family and
18
domestic violence.
19
(2) The provisions are as follows:
20
(a) section 153;
21
(b) section 172A;
22
(c) section 195;
23
(d) section 351.
24
(3) In applying sections 30H and 30S in relation to that operation of
25
the provisions identified in subsection (2), assume that:
26
(a) the matter to which that operation of those provisions relates
27
is not an excluded subject matter for the purposes of:
28
(i) the State's referral law mentioned in sections 30H and
29
30S; and
30
(ii) Divisions 2A and 2B of Part 1-3; and
31
Strengthening protections against discrimination
Schedule 1
No. , 2023
Fair Work Legislation Amendment (Strengthening Protections Against
Discrimination) Bill 2023
5
(b) the referral of that matter by that referral law results in the
1
Parliament of the Commonwealth having sufficient
2
legislative power for those provisions (to the extent of that
3
operation) to have effect.
4