Thursday, 18 June 2026

 Sonya KILKENNY (Carrum – Attorney-General, Minister for Planning, Minister for Violence Reduction, Minister for Finance) (15:12): Under the Charter of Human Rights and Responsibilities Act 2006, I table a statement of compatibility:

In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006, (the Charter), I make this Statement of Compatibility with respect to the Fair Work (Commonwealth Powers) Amendment Bill 2026.

In my opinion, the Fair Work (Commonwealth Powers) Amendment Bill 2026, as introduced to the Legislative Assembly, is compatible with human rights as set out in the Charter. I base my opinion on the reasons outlined in this statement.

Overview of the Bill

The key purposes of the Bill are to amend the Fair Work (Commonwealth Powers) Act 2009 (Referral Act) to:

• extend various amendments to the Fair Work Act 2009 (Cth) to public sector employees and employers, including Commonwealth provisions pertaining to restrictions on fixed term and casual employment, flexible working arrangements and pay secrecy;

• expand the category of matters that can be subject of enterprise bargaining and validly included in enterprise agreements and workplace determinations as these instruments apply to law enforcement officers;

• extend general protections provisions under the Fair Work Act 2009 (Cth) to law enforcement officers in relation to the expanded category of matters that may be subject of enterprise bargaining and validly included in enterprise agreements and workplace determinations;

• provide for other, minor and technical related matters.

Human Rights Issues

Human rights protected by the Charter that are relevant to the Bill

This Bill is compatible with the human rights protected by the Charter. As the amendments are of a technical nature, they do not limit any human rights.

The Hon. Sonya Kilkenny

Attorney-General

Minister for Planning

Minister for Violence Reduction

Minister for Finance

 Sonya KILKENNY (Carrum – Attorney-General, Minister for Planning, Minister for Violence Reduction, Minister for Finance) (15:12): Under the Statewide Treaty Act 2025, I table a statement of treaty compatibility:

In accordance with s 66 of the Statewide Treaty Act 2025, I table a statement of Treaty compatibility for the Fair Work (Commonwealth Powers) Amendment Bill 2026.

In my opinion, the Bill is compatible with the objects set out in section 66(3)(d) of the Statewide Treaty Act 2025. I base my opinion on the reasons outlined in this statement.

Overview of the Bill

A key objective of the Bill is to amend the Fair Work (Commonwealth Powers) Act 2009 (Vic) (Referral Act) to expand the category of matters that can be the subject of enterprise bargaining and validly included in enterprise agreements and workplace determinations (arbitrations) as they relate to law enforcement officers. The Bill will also ensure that the general protections regime under the Fair Work Act 2009 (Cth) (FW Act) broadly applies to law enforcement officers in the same way that these protections apply to other public sector employees.

The Bill will extend the jurisdiction of recently enacted Fair Work Act 2009 (Cth) provisions to the Victorian public sector, including provisions dealing with flexible work, pay secrecy, and limitations on casual and fixed term employment.

Details of the Bill

The Bill will amend the Referral Act to ensure that provisions in the Commonwealth Fair Work Act 2009 (Cth) will extend to Victorian public sector employees, where these provisions do not currently apply as a matter of law. The Bill will ensure that provisions in the Commonwealth legislation dealing with flexible work, pay secrecy, limitations on casual and fixed term employment will apply to public sector employees.

The Bill will amend the Referral Act to ensure that the following matters are referred to the Commonwealth with respect to law enforcement officers:

a. Probation

b. Promotion

c. Transfer from place to place or position to position (subject to a deployment exception of up to 14 ‍days)

d. Physical or mental fitness

e. Discipline

f. Termination of employment

The effect of the referral of these matters to the Commonwealth will mean that terms achieved through collective bargaining regarding these matters will be able to validly be included in enterprise agreements. This will ensure that where terms regarding these matters validly included in enterprise agreements as a result of collective bargaining, law enforcement officers have access to dispute resolution through the Fair Work Commission. The amendments will also ensure that terms regarding these matters they may be validly included in a workplace determination as it relates to law enforcement officers.

The referral of these matters will also ensure that law enforcement officers have access to the general protections under Part 3-1 of the Fair Work Act 2009 (Cth) with respect to these matters. The Bill ensures that law enforcement officers will be able to bring general protections claim on the basis of any alleged adverse action taken by their employer based on a protected attribute, where the alleged adverse action was taken in relation to:

a. Probation

b. Promotion

c. Transfer from place to place or position to position (subject to a deployment exception of up to 14 ‍days)

d. Physical or mental fitness

e. Discipline

f. Termination of employment

The Bill also makes other subsequent amendments to the Victoria Police Act 2013 (Vic) (VP Act), which clarify that provisions of the VP Act will continue to apply, to the extent that they are consistent with a future enterprise agreement or a workplace determination. The amendments also provide the Police Registration and Services Board with dispute resolution powers if agreed in a future enterprise agreement, and clarify that neither the Fair Work Commission nor the PRSB will have jurisdiction in relation to disputes arising regarding emergency deployments of up to 14 days. The amendments also define the terms ‘transfer’ and ‘tasking’ to ensure the referred matters are clear and support the exclusion for Chief Commissioner to deployment law enforcement officers for up to 14-day days, as outlined in the Referral Act.

Consultation with the First Peoples’ Assembly of Gellung Warl

Due to the recent establishment of the First Peoples’ Assembly of Gellung Warl, it was not possible to give the First Peoples’ Assembly the opportunity to advise on the Bill or for them to otherwise make representations about the effect of the Bill on First Peoples.

Compatibility of the Bill with each of the objects in section 66(3)(d) of the Statewide Treaty Act 2025

a.   I have considered whether the Fair Work (Commonwealth Powers) Amendment Bill 2026 is compatible with the objects at section 66(3)(d) of the Statewide Treaty Act 2025 being:

a. advancing the inherent rights and self-determination of First Peoples; and

b. addressing the unacceptable disadvantage inflicted on First Peoples by the historic wrongs and ongoing injustices of colonisation; and

c. ensuring the equal enjoyment of human rights and fundamental freedoms by First Peoples.

b.   In my opinion, the Bill does not in its terms deal with First Peoples, nor is it expected that any aspects of the Bill will, in practice, have a differential effect on First Peoples.

c.   The Bill will expand the category of matters that can be the subject of enterprise bargaining and validly included in enterprise agreements and workplace determinations (arbitrations) as they relate to law enforcement officers. The Bill also seeks to ensure that the general protections regime under the Commonwealth Fair Work Act broadly applies to law enforcement officers in the same way that it applies to other public sector employees. The Bill applies these changes equally to all law enforcement officers, including those that identify as First Peoples. In my opinion there is no practical or differential effect on First Peoples.

d.   The Bill will extend the jurisdiction of recently enacted Fair Work Act 2009 (Cth) provisions to the Victorian public sector, including provisions dealing with flexible work, pay secrecy, and limitations on casual and fixed term employment. The Bill applies changes with respect to fixed term and casual employment to non-executive public sector employees equally, including those that identify as First Peoples. The Bill applies these changes with respect to pay secrecy and flexible work to executive public sector employees equally, including those that identify as First Peoples. In my opinion there is no practical or differential effect on First Peoples.

Conclusion

I consider the Bill does not affect any of the objects specified in section 66(3)(d) of the Statewide Treaty Act 2025 and is therefore compatible with each of those objects.

The Hon. Sonya Kilkenny

Attorney-General

Minister for Planning

Minister for Violence Reduction

Minister for Finance

 Sonya KILKENNY (Carrum – Attorney-General, Minister for Planning, Minister for Violence Reduction, Minister for Finance) (15:13): I move:

That this bill be now read a second time.

I ask that my second-reading speech be incorporated into Hansard.

Incorporated speech as follows:

The Bill would amend the Fair Work (Commonwealth Powers) Act 2009 (Referral Act) to ensure that provisions introduced to the Fair Work Act 2009 (Cth) in 2022 will apply to public sector employees. These provisions deal with flexible working arrangements, pay secrecy, and fixed term and casual employment provisions. Extending these provisions to public sector employees ensures that all Victorians continue to have the benefit and protection of federal workplace relations laws that are fair and balanced. The Bill would ensure that Victorian public sector and local council employees have access to recent amendments to the federal legislation, which will provide parity with protections that are afforded to other Victorian employees.

The Bill would also amend the Fair Work (Commonwealth Powers) Act 2009 (Referral Act) to enable law enforcement officers to bargain over, and reach agreement on, a greater range of matters. The Bill would allow law enforcement officers to collectively bargain over, and make agreements, regarding terms pertaining to probation, promotion, transfer from place to place or position to position (subject to a deployment exception of up to 14 days), physical or mental fitness, discipline, and termination of employment. This will enable law enforcement officers to bargain over these matters in the same way that other public sector employees and employers, and employees of non-public constitutional corporations now bargain. It will ensure a greater level of fairness and consistency in the bargaining and enterprise agreement making process, across the Victorian public sector.

Background

In 2009, the Victorian Government took steps to ensure that all Victorians had access to the protections of the Commonwealth workplace laws by referring certain workplace relations matters to the Commonwealth government. The State Referral Act ensures that Victorian employees have broad access to provisions under the Fair Work Act 2009 (Cth) in effect at the time. With some exceptions, without the Referral Act, the federal workplace laws would only apply to workplaces where the employer was a constitutional corporation.

At the time, Victoria did not refer certain matters in relation to public sector employees. These exclusions are referenced in section 5(1) of the Referral Act. These matters were excluded from the referral as they related to matters that the High Court in the Re Australian Education Union; Ex parte Victoria (Re AEU) decision held to be essential to the function of the States.

At various stages following the initial referral in 2009, the Government has made amendments to the Referral Act, including with reference to these previously excluded matters, to ensure that changes to the legislative and common law landscape are appropriately flowed onto public sector and local government employees. Legitimate use of fixed term and casual employment will continue to be permitted.

Key objectives of the Bill – extending provisions of the Fair Work Act 2009 (Cth) to public sector and local council employees

The Fair Work (Commonwealth Powers) Amendment Bill 2026 is a further step to ensure that the objectives of the Referral Act continue to be met. A central objective of the Bill is to ensure that public sector and local council employees have broadly the same access to recently amended provisions to the Fair Work Act 2009 (Cth) as other Victorian employees.

The Bill would amend the Referral Act to ensure that the exceptions at section 5(1) of the Referral Act do not prevent sections of the newly amended Fair Work Act 2009 (Cth) from flowing onto Victorian public sector employees. The amendments would ensure that the matters in the Fair Work Act (Cth) pertaining to flexible working arrangements, pay secrecy, and provisions dealing with fixed term and casual employment broadly apply to public sector employees and employers, as well as employees and employers in local councils. These amendments seek to address the disparity in access to provisions in the federal workplace laws that currently exists between Victorian public sector and local council employees, and other Victorian employees.

Ensuring that provisions under the Fair Work Act 2009 (Cth) that deal with fixed term and casual contracts also aligns closely with the Government’s secure employment agenda, which preferences ongoing and secure forms of employment over non-ongoing and insecure employment models. The amendments that would extend provisions in the Fair Work Act 2009 (Cth) dealing with fixed term contracts and casual employment will only apply to non-executive public sector and local council employees.

Key objectives of the Bill – addressing disparity between law enforcement officers and other public sector employees regarding enterprise bargaining and other protections under the federal legislation

In 1996, certain other matters in relation to law enforcement officers were not referred to the Commonwealth. These include matters outlined in section 5(2)(b) of the Referral Act pertaining to probation, promotion, transfer from place to place or position to position, physical or mental fitness, discipline or termination of employment. These exclusions were maintained in subsequent amendments to the Referral Act in order to ensure that the integrity and operational independence of the state laws government law enforcement officers. However, these exclusions mean that law enforcement officers are not able to validly bargain over and agree to terms regarding certain matters. The current operation of the exclusions in the Referral Act means that, unlike all other public sector workforces, where such matters are included in enterprise agreements by agreement between bargaining parties, these terms cannot be subject to dispute resolution processes at the Fair Work Commission.

Further, the current exclusions in the Referral Act prevent law enforcement officers from accessing general protections under the Fair Work Act 2009 (Cth) with respect to these matters. As such, law enforcement officers are currently unable to bring general protections claims under the federal workplace protections on the basis of any adverse action taken by their employer based on a protected attribute in relation to these matters are excluded from the Referral Act. These exclusions mean that law enforcement officers are currently subject to different standards compared to other public sector employees.

The Bill would also make amendments to these exclusions to address the disparity between enterprise bargaining for law enforcement officers and other public sector

employees by referring some of these previously excluded matters to the Commonwealth. In particular, in relation to matters pertaining to probation, promotion, transfer from place to place or position to position, physical or mental fitness, discipline and termination of employment. Doing so would enable law enforcement officers to validly bargain over and agree to terms pertaining to those certain matters in the same manner as other public sector employees. The Bill would also enable law enforcement officers to have access to protections under the federal legislation, such as general protections, in the same manner as other public sector employees.

The Bill also ensures that, where necessary, the Fair Work Commission may make workplace determinations that include terms pertaining to the referred matters (namely, probation, promotion, transfer from place to place or position to position (subject to a deployment exception of up to 14 days), physical or mental fitness, discipline, and termination of employment). This ensures that law enforcement officers are, as far as practicable, operating under the same industrial settings as other Victorian public sector employees.

It is critical that State law enforcement continues to operate effectively in response to emergencies, incident management and other community safety concerns. As such, while the Bill would refer matters pertaining to transfer of law enforcement officers from place to place or position to position to the Commonwealth, this referral is subject to an exception of deployments of up to 14 days. Matters pertaining to deployments up to 14 days to support law enforcement response to a major incident or emergency are not included in the scope of the amended referral. This will ensure that law enforcement officers are able to be readily mobilised and deployed to respond to critical incidents and emergencies in a timely manner. The powers of the Chief Commissioner of Police to legitimately deploy officers in these circumstances cannot be fettered terms in an enterprise agreement or workplace determination, or otherwise be subject to dispute resolution proceedings at the Fair Work Commission. However, the parties will be able to validly bargain on the entitlements that might attach to those deployments.

I commend the Bill to the house.

 James NEWBURY (Brighton) (15:13): I move:

That debate be adjourned.

Motion agreed to and debate adjourned.

Ordered that debate be adjourned for two weeks. Debate adjourned until Thursday 2 July.