Fair Work Amendment (Protecting Penalty and Overtime Rates) Bill 2025
Amends the Fair Work Act 2009 to establish a principle requiring the Fair Work Commission to ensure that penalty and overtime rates are not reduced and that modern awards do not include terms that substitute employees’ entitlements to receive penalty or overtime rates where those terms would have the effect of reducing that additional remuneration employees would otherwise receive.
Summary from the official bill homepage.
Became law
| Act | Fair Work Amendment (Protecting Penalty and Overtime Rates) Act 2025 |
|---|---|
| Number | No. 37, 2025 |
| Assent | 29 Aug 2025 |
| Status | In force |
Sourced from the Federal Register of Legislation at 21 Oct 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.
Progress
| Date | Step |
|---|---|
| House | |
| 24 Jul 2025 | Introduced and read a first time |
| 24 Jul 2025 | Second reading moved |
| 30 Jul 2025 | Second reading debate |
| 31 Jul 2025 | Second reading debate |
| 31 Jul 2025 | Second reading agreed to |
| 31 Jul 2025 | Consideration in detail debate |
| 31 Jul 2025 | Third reading agreed to |
| Senate | |
| 25 Aug 2025 | Introduced and read a first time |
| 25 Aug 2025 | Second reading moved |
| 25 Aug 2025 | Second reading debate |
| 26 Aug 2025 | Second reading debate |
| 27 Aug 2025 | Second reading agreed to |
| 27 Aug 2025 | Committee of the Whole debate |
| 28 Aug 2025 | Committee of the Whole debate |
| 28 Aug 2025 | Third reading agreed to |
| 28 Aug 2025 | Finally passed both Houses |
| 29 Aug 2025 | Assent |
Divisions on this bill
- 30 Jul 2025 Fair Work Amendment (Protecting Penalty and Overtime Rates) Bill 2025 - Reference to Committee - Standing Committee on Education and Employment Negatived House 42–90
- 31 Jul 2025 Fair Work Amendment (Protecting Penalty and Overtime Rates) Bill 2025 - Second Reading - Increase flexibility Negatived House 42–89
- 31 Jul 2025 Fair Work Amendment (Protecting Penalty and Overtime Rates) Bill 2025 - Consideration in Detail - Penalty and overtime rates Negatived House 40–93
- 27 Aug 2025 Fair Work Amendment (Protecting Penalty and Overtime Rates) Bill 2025 - Second Reading - Small businesses Negatived Senate 27–33
- 27 Aug 2025 Fair Work Amendment (Protecting Penalty and Overtime Rates) Bill 2025 - Second Reading - Work from home Negatived Senate 11–33
- 27 Aug 2025 Fair Work Amendment (Protecting Penalty and Overtime Rates) Bill 2025 - Second Reading - Small businesses Negatived Senate 8–34
- 28 Aug 2025 Fair Work Amendment (Protecting Penalty and Overtime Rates) Bill 2025 - in Committee - Fair Work Commission's discretion Negatived Senate 25–34
- 28 Aug 2025 Fair Work Amendment (Protecting Penalty and Overtime Rates) Bill 2025 - in Committee - Small business exclusion Negatived Senate 26–33
- 28 Aug 2025 Fair Work Amendment (Protecting Penalty and Overtime Rates) Bill 2025 - in Committee - Regulation impact statement Negatived Senate 27–32
- 28 Aug 2025 Fair Work Amendment (Protecting Penalty and Overtime Rates) Bill 2025 - in Committee - Flexible working arrangements Negatived Senate 12–29
- 28 Aug 2025 Fair Work Amendment (Protecting Penalty and Overtime Rates) Bill 2025 - in Committee - Mandatory terms must be not less favourable Negatived Senate 13–30
Official record: bill homepage at aph.gov.au, full text and documents on ParlInfo.