Fair Work Amendment (Protecting Penalty and Overtime Rates) Bill 2025
Submission Date: 12 August 2025
The Law Council of Australia provided a submission regarding the Fair Work Amendment (Protecting Penalty and Overtime Rates) Bill 2025 (Cth). This submission has been prepared with the assistance of the Industrial Law Committee of the Law Council of Australia’s Federal Dispute Resolution Section.
The Law Council does not wish to comment on the substance of the Bill. However, we raise one point of clarification in relation to the Bill’s Explanatory Memorandum (EM).
In two places, the EM states that one of the primary purposes of the Bill is:
… closing loopholes in the modern awards safety net that allow employers to ‘roll up’ penalty and overtime rates into a single pay rate, that do not fairly compensate award-reliant employees for the penalty rates and overtime they would have otherwise received.1
In the Law Council’s view, this characterisation of the Bill is misleading.
1 Explanatory Memorandum, Fair Work Amendment (Protecting Penalty and Overtime Rates) Bill 2025 (Cth), 1-2.
Last Updated on 28/11/2025
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