Fair Work and Minimum Wage Act 

Preamble:

Whereas Fair Work Australia provides comprehensive protection and enforcement of workplace rights and conditions, the need for external unions is rendered redundant. This Act establishes a minimum wage of $30 per hour, provides enhanced flexibility in working hours, ensures a reasonable balance between work and personal time, guarantees wage progression for long-term employees, and expands the capacity of Fair Work Australia to safeguard workplace rights.

Part 1 — Preliminary

Short Title: This Act may be cited as the Fair Work and Minimum Wage Act.
Commencement: This Act commences on _________________.
The purposes of this Act are:
1. To ensure workplace fairness and equity through the expanded role of Fair Work Australia;2. To establish a minimum hourly wage of $30 for all workers in Australia;3. To reward long-term employees with structured wage progression;4. To provide employees with flexibility to set individualized working hours;5. To strengthen oversight through mandatory annual reviews and contract submissions;6. To create tools for faster resolution of employee concerns;7. To prohibit excessive working hours while ensuring workers have adequate time for personal needs, including relaxation and sleep.

Part 2 — Fair Work and Union Prohibition

Prohibition of Trade Unions1. The formation, operation, and promotion of trade unions in Australia are prohibited.
2. Any existing trade unions will be disbanded within six months of the commencement of this Act.3. Employers and employees must engage directly with each other, with Fair Work Australia acting as the mediator and regulator of workplace disputes.

Role of Fair Work Australia1. Fair Work Australia retains the authority to investigate, mediate, and enforce workplace conditions and protections.2. Employees may lodge complaints or claims directly with Fair Work Australia, ensuring their rights are safeguarded without third-party intervention.

Expansion of Fair Work Australia Resources1. Fair Work Australia’s funding will be increased by 50% to hire additional staff and establish more physical locations.2. Physical Fair Work Australia offices will be integrated into existing Centrelink offices nationwide to ensure accessibility for all workers.3. A Fair Work Portal will be established to allow employers to submit all employment contracts for review and approval.(a) The portal will enable Fair Work Australia to verify compliance with workplace laws proactively.(b) Employees will be able to access their contracts, report concerns, and track the status of complaints directly through the portal.

Part 3 — Establishment of a Minimum living Wage

Minimum Wage1. The national minimum wage for all employees is set at $30 per hour2. The minimum wage shall apply to all workers, regardless of industry, employment type, or status.
Annual Review1. Employers must conduct an annual review for every employee to discuss:(a) Wage adjustments, performance feedback, and career progression;(b) Schedule flexibility or other individualized preferences;(c) Compliance with structured wage progression plans for long-term employees.2. Employers must submit the results of annual reviews, including agreed-upon actions, to the Fair Work Portal for verification.

Part 4 — Long-Term Employee Wage Progression

Wage Progression Milestones1. Employees are entitled to wage progression based on their tenure with the same employer:(a) A minimum hourly rate of $35 after seven (7) years of continuous service.(b) A minimum hourly rate of $40 after ten (10) years of continuous service.
Implementation Plans for Wage Progression1. Employers must create a written plan for all employees reaching the 7-year or 10-year milestones, outlining:(a) Steps and timelines for implementing the required wage increases;(b) Annual salary increments to ensure the milestone rates are met.2. Employers with a net worth of $100 million or more must implement the 10-year $40 hourly rate within 12 months of the milestone.3. Employers with a net worth below $100 million may phase in the 10-year $40 rate over a period of up to three (3) years.
Protections for Non-Negotiators1. Employees who do not actively negotiate must still receive:(a) The mandatory minimum wage progression rates;(b) Standardized schedules and benefits that meet or exceed minimum requirements.2. Fair Work Australia will automatically review submitted contracts to ensure non-negotiating employees are not disadvantaged.
Penalties for Non-Compliance1. Employers failing to meet wage progression requirements or annual review obligations may face fines of up to $500,000.2. Employees denied wage progression or proper reviews may seek direct compensation and enforcement through Fair Work Australia.

Part 5 — Overtime, Flexibility, and Working Hour Limits

Flexible Working Hours and Overtime1. Employees and employers may mutually agree on work schedules that exceed the standard 40-hour workweek, provided the agreement is documented in writing.2. Employees may choose to work up to 60 hours per week, with a maximum of 12 hours per day, without overtime penalties if both parties consent.3. Employers are prohibited from coercing employees into working additional hours or altering their schedules against their will.
Daily and Weekly Work Limits1. The legal daily work limit is capped at 12 hours, ensuring employees have sufficient time for commuting, relaxation, and 8 hours of sleep.2. Weekly working hours must not exceed 60 hours, even with mutual consent, unless explicitly authorized under exceptional circumstances by Fair Work Australia.
Right to Decline Additional Hours1. Employees retain the right to decline additional hours or changes to their schedules without penalty or prejudice.2. Any complaints of coercion or non-compliance with this provision must be reported to Fair Work Australia for investigation and resolution.

Part 6 — Miscellaneous Provisions

RegulationsThe Governor-General may make regulations under this Act to provide for matters necessary for its implementation.Repeals and Amendments1. The Fair Work Act 2009 is amended to incorporate the provisions of this Act.2. Any existing legislation enabling the operation of unions is repealed.

BEnefits of this act

Economic BenefitsIncreased Consumer Spending: A minimum wage of $30 per hour could enhance disposable income for low-wage earners, boosting consumer spending and stimulating the economy.Increased Tax Revenue: Higher wages translate into higher income tax contributions, providing more revenue for public services and infrastructure.Improved Productivity: Structured wage progression and annual reviews incentivize long-term employee commitment and improve productivity by valuing experienced workers.
Workplace Fairness and EquityElimination of Exploitation: A robust minimum wage ensures that workers in low-income industries are adequately compensated, reducing the risk of wage exploitation.Standardized Wage Progression: Wage increases tied to tenure create fairness and reward loyalty across all industries.
Simplified Workplace RepresentationCentralized Dispute Resolution: The expanded role of Fair Work Australia consolidates workplace rights enforcement, reducing the need for third-party unions and simplifying processes for employees and employers.Accessibility of Resources: Integrated Fair Work offices and the online portal provide greater accessibility for employees to address workplace issues quickly.
Enhanced Employee Flexibility and Well-BeingFlexible Working Hours: Employees can tailor their schedules to suit personal needs while remaining compliant with Fair Work standards.Work-Life Balance: Prohibiting excessive hours ensures that employees have adequate time for rest and personal obligations, promoting better mental and physical health.
Strengthened Compliance and AccountabilityMandatory Reviews: Requiring annual performance and wage reviews ensures consistent oversight and career development opportunities for employees.Penalties for Non-Compliance: Significant fines for violations encourage employers to adhere to the Act, ensuring fair treatment of workers.
Support for Long-Term EmploymentRewarding Loyalty: Wage progression milestones (e.g., $40/hour after 10 years) promote employee retention and reduce turnover costs for employers.Stability for Workers: Long-term employees gain financial security through predictable wage growth.
Streamlined OperationsReduced Union Dependency: Removing unions and strengthening Fair Work Australia's role reduces the complexity of collective bargaining while ensuring employee rights are upheld.
Reduction in Workplace DisputesProactive Mediation: Fair Work Australia's expanded role and mandatory contract reviews prevent disputes before they escalate, fostering a harmonious work environment.
Social Equity and InclusionReduction in Income Inequality: A higher minimum wage addresses income disparity, benefiting disadvantaged groups such as part-time workers, casual employees, and women.Inclusive Opportunities: The Act applies uniformly across all industries, eliminating sectoral wage discrimination