Employment Update: Work Choices Bill – The Final Amendments

Originally published December 2005

On 1 December 2005, 337 amendments were made to the Work Choices Bill. The amendments were approved by the Senate the following day and by the House of Representatives on 7 December.

The Bill now awaits Royal Assent. Most of the changes are likely to take effect in March 2006.

Many of the amendments made were minor or technical. The key amendments are as follows:

• The averaging of 38 ordinary hours over 12 months, as outlined in the original Bill, has been removed. The new Bill will allow averaging periods of up to 12 months if set out in awards, agreements, or contracts of employment. However, where there is no averaging provision or agreement in place, employees will be deemed to be working a maximum of 38 hours per week, and any hour worked beyond this limit will be deemed to be additional hours, and subject to the reasonable test provision.