Division
Amanda Rishworth I move: That the amendments be considered immediately. _Senate's amendments_ (1) Schedule 1, page 21 (after line 25), after Part 9, insert: Part 9A — Certain mandatory terms of workplace determinations must not be less favourable _Fair Work Act 2009_ 58A Section 270A (heading) Repeal the heading, substitute: 270A Certain terms must not be less favourable 58B After subsection 270A(2) Insert: (2A) A term that is included in the determination to comply with subsection 273(2), (4), (5) or (6) must be not less favourable to each of those employees, and any employee organisation that was a bargaining representative of any of those employees, than a term of the enterprise agreement that deals with the same matter as the term included in the determination. Note: In addition, the delegates' rights term included in compliance with subsection 273(6) must not be less favourable than the delegates' rights term in any modern award that covers a workplace delegate to whom the determination applies (see subsection 273(7)). 58C At the end of section 270A Add: (5) For the avoidance of doubt, subsection (2A) does not apply to any agreed term for the determination that: (a) is of a kind referred to in subsection 273(3), (4) or (5); or (b) is a delegates' rights term for the workplace delegates to whom the determination applies. 58D Subsections 273(4) and (5) Repeal the subsections, substitute: _Flexibility term_ (4) Unless the FWC is satisfied that an agreed term for the determination would, if the determination were an enterprise agreement, satisfy paragraph 202(1)(a) and section 203 (which deal with flexibility terms in enterprise agreements), the determination must include: (a) unless paragraph (b) applies—the model flexibility term; or (b) if the model flexibility term does not comply with subsection 270A(2A)—a term that complies with that subsection and that would, if the determination were an enterprise agreement, satisfy paragraph 202(1)(a) and section 203. _Con
House of Representatives, 2026-06-30. affirmative: ayes 93, noes 44.
Question
Amanda Rishworth I move: That the amendments be considered immediately. _Senate's amendments_ (1) Schedule 1, page 21 (after line 25), after Part 9, insert: Part 9A — Certain mandatory terms of workplace determinations must not be less favourable _Fair Work Act 2009_ 58A Section 270A (heading) Repeal the heading, substitute: 270A Certain terms must not be less favourable 58B After subsection 270A(2) Insert: (2A) A term that is included in the determination to comply with subsection 273(2), (4), (5) or (6) must be not less favourable to each of those employees, and any employee organisation that was a bargaining representative of any of those employees, than a term of the enterprise agreement that deals with the same matter as the term included in the determination. Note: In addition, the delegates' rights term included in compliance with subsection 273(6) must not be less favourable than the delegates' rights term in any modern award that covers a workplace delegate to whom the determination applies (see subsection 273(7)). 58C At the end of section 270A Add: (5) For the avoidance of doubt, subsection (2A) does not apply to any agreed term for the determination that: (a) is of a kind referred to in subsection 273(3), (4) or (5); or (b) is a delegates' rights term for the workplace delegates to whom the determination applies. 58D Subsections 273(4) and (5) Repeal the subsections, substitute: _Flexibility term_ (4) Unless the FWC is satisfied that an agreed term for the determination would, if the determination were an enterprise agreement, satisfy paragraph 202(1)(a) and section 203 (which deal with flexibility terms in enterprise agreements), the determination must include: (a) unless paragraph (b) applies—the model flexibility term; or (b) if the model flexibility term does not comply with subsection 270A(2A)—a term that complies with that subsection and that would, if the determination were an enterprise agreement, satisfy paragraph 202(1)(a) and section 203. _Con
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