The Albanese Government's legislation to protect award penalty and overtime rates has this passed the House of Representatives, after the workplace relations minister introduced an amendment to clarify that it does not require the FWC to conduct a wide-ranging review.

Update on Penalty Rate Bill

The Albanese Government's legislation to protect award penalty and overtime rates has this passed the House of Representatives, after the workplace relations minister introduced an amendment to clarify that it does not require the FWC to conduct a wide-ranging review.

The amendment introduces new subsection (3) to proposed section 135A, putting it beyond doubt that the changes introduced by the Bill do not require or compel the Fair Work Commission to undertake a review of all modern awards to see whether the new principle applies or not, review award terms outside the scope of an application before the commission or exercise its powers to make, vary or revoke a modern award.

The Senate has now referred the legislation to its Education and Employment Legislation Committee which will report on August 21 2025. If you would like to review the Bills it can be accessed on its home page – Fair Work Amendment (Protecting Penalty and Overtime Rates) Bill 2025.