Your Local Plumber – Redcliffe & Moreton Bay Area

New Amendments to Employment Legislation

How does this affect your business??? 

In December 2022, we advised members of the new Secure Jobs, Better Pay bill being passed by the Government which makes significant amendments to the employment legislation – the Fair Work Act. 

Find out more about this here.

Below is a summary of some of the main amendments and when they take effect: 
















Date 

Details 

7 December 2022 

Pay secrecy clauses to be removed from employment contracts 


The Fair Work Act 2009 (Cth) now provides employees and future employees a new workplace right to: 


  1. share or not share information about: 


  • their pay; or 
  • their employment terms and conditions that would be required in order to work out their pay, such as their hours of work; 


  1. ask other employees (with the same or a different employer) about their: 


  • pay; and 
  • employment terms and conditions that would be required in order to work out their pay, such as their hours of work. 


Any contracts entered into prior to 7 December 2022 with existing pay secrecy or confidentiality relating to pay and conditions, will no longer have effect.  

 

New protected attributes under Fair Work Act 2009 (Cth) 


The protected attributes will be expanded to include: 


  • breastfeeding 
  • gender identity 
  • intersex status 


This means an employee cannot be discriminated against or have adverse action taken against them (i.e. position terminated, not hiring someone), because of the protected attribute – click here for further information 

 

Sunsetting ‘Zombie Agreement’ 


A ‘Zombie’ agreement is an Enterprise Agreement that was developed and approved prior to the introduction of the Fair Work Act 2009 (from 1 January 2010). 


This means any ‘zombie agreements’ have 12 months from this date to negotiate and seek approval through the Fair Work Commission, a new Enterprise Agreement. If this does not occur, the ‘zombie agreement’ will cease to be applicable.  

7 January 2023 

Job ads can’t advertise rates that are below minimum rates 


An employer who posts a job ad that displays wage rates less than minimum entitlements under the Fair Work Act 2009 or relevant Award or Enterprise Agreement, may face penalties up to $16,500. 

1 February 2023 

Family and Domestic Violence Leave commences for large businesses 


For employers with 15 or more employees, the new paid family and domestic violence leave type will be applicable. Providing employees with 10 days paid leave per annum.  

6 February 2023 

Australian Building and Construction Commission abolished 


The ABCC will no longer exist and powers will be through Fair Work Ombudsman and Fair Work Commission. 

6 March 2023 

Prohibition of Sexual Harassment in the workplace  


This amendment protects workers, prospective workers and persons conducting or undertaking a business from sexual harassment. The Fair Work Commission will also be permitted to deal with disputes through conciliation or mediation which may progress through to settlement of disputes and make orders, including compensation (previously this was not within the powers of the Fair Work Commission). 

6 June 2023 

Multi-employer bargaining access 


This means that employers within the same industry may be ‘roped into’ an Enterprise Agreement that they were not a party to during negotiations.  


Types of Agreements that may apply: 


  • Single-Interest Bargaining 
  • Supported Bargaining 
  • Cooperative Bargaining 

 

Changes to extending unpaid parental leave 


An employee can have 12 months unpaid parental leave and can request to extend for a further 12 months if they remain the primary carer of the child. A business could only refuse this extension on reasonable business grounds. The Fair Work Commission will have the power to hear grievances relating to this matter. 

 

More employees able to access flexible work arrangements 


The right to request flexible working arrangements will also apply to: 


  • employees, or a member of their immediate family or household, experiencing family and domestic violence 
  • employees who are pregnant. 

1 July 2023 

Monetary cap for small claims increases 


The monetary cap for recovering unpaid entitlements via the small claims process will increase from $20,000 to $100,000. 

6 December 2023 

Fixed Term Contracts 


Employers will no longer be able to employ an employee on a fixed term contract that: 


  • is for 2 or more years (including extensions) 
  • may be extended more than once, or 
  • is a new contract: 
  • that is for the same or a substantially similar role as previous contracts 
  • with substantial continuity of the employment relationship between the end of the previous contract and the new contract, and either: 
  • the total period of the contracts is 2 or more years, 
  • the new contract can be renewed or extended, or 
  • a previous contract was extended. 

Key areas for employers to action: 

  • Review current template employment contracts or written agreements to remove clauses relating to pay secrecy/confidentiality. 
  • MPAQ has template employment contracts available for purchase, simply log in to our website www.mpaq.com.au and purchase through our shop online.  
  • Review current bullying, harassment and discrimination workplace policies and include relevant protected attributes and to provide more detail relating to sexual harassment elimination within the workplace.  
  • MPAQ has example policies available for members. Please contact our HR team.  
  • If a business has and Enterprise Agreement, determine the commencement date, and if prior to 1 January 2010, review whether to commence a new Enterprise Agreement or terminate the agreement and apply employment conditions as per the relevant Award. 
  • Review current job ads and if pay rates are included on the job ad, ensure they are the minimum rates as per the relevant Award.  
  • MPAQ has a job portal for members to upload their job ad and MPAQ will review for compliance and provide suggestions.  
  • Implement a Family and Domestic Violence Leave Policy and determine payroll processes to provide for the new leave type 
  • MPAQ has an example policy available to members and can provide suggestions for payroll processing.  
  • Review current fixed term contracts and the use of fixed term contracts within the business. 

For further information, please contact our HR team on 07 3273 0800. 

Source of information: 

Secure Jobs, Better Pay: changes to Australian workplace laws – Fair Work Ombudsman 

 

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