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
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Details
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7 December 2022
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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:
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.
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New protected attributes under Fair Work Act 2009 (Cth)
The protected attributes will be expanded to include:
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
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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.
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7 January 2023
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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.
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1 February 2023
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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.
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6 February 2023
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Australian Building and Construction Commission abolished
The ABCC will no longer exist and powers will be through Fair Work Ombudsman and Fair Work Commission.
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6 March 2023
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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).
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6 June 2023
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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:
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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.
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More employees able to access flexible work arrangements
The right to request flexible working arrangements will also apply to:
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1 July 2023
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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.
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6 December 2023
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Fixed Term Contracts
Employers will no longer be able to employ an employee on a fixed term contract that:
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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