On 2 December 2022, the Federal Government passed the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth). These reforms represent fundamental changes to Australia’s workplace relations laws and will have a significant impact on all Australian employers and employees.
We have summarised the key actions and timeframes for employers below.
Now
Pay secrecy
- Review and amend all template employment contracts to remove pay secrecy clauses and ensure confidentiality provisions do not contravene the restriction
- Educate and train management not to take adverse action in respect of pay secrecy
Employment advertisements
- Implement controls to ensure job advertisements do not provide for pay below the rate of pay required under the Fair Work Act or a modern award
Further protected attributes – breastfeeding, gender identity and intersex status – introduced into the Fair Work Act
- Review policies to ensure newly introduced attributes are covered
Changes to make initiating bargaining for a single enterprise agreement easier
- Consider broader industrial strategy, given there are now fewer barriers to commence bargaining for a replacement agreement and fewer options available to an employer to resist such bargaining
- If an agreement has passed its nominal expiry date, consider whether to negotiate a replacement agreement
Enterprise agreement approvals become easier
Changes to make it more difficult for an employer to seek to unilaterally terminate an expired enterprise agreement
Introduction of the positive duty under Respect@Work changes
- Review and update sexual harassment policies, procedures, guidelines and controls to ensure they contain an appropriate prevention and response strategy
No later than 6 February 2023
Abolition of the Australian Building and Construction Commission
6 March 2023
Prohibitions against sexual harassment in connection with work (provided ILO convention ratified)
- Prepare for a potential increase in sexual harassment matters as a result of unions being able to commence claims
No later than 6 June 2023
Multi-employer bargaining
- Review industrial strategy to ensure prepared for this new industrial playing field
Changes to the Better Off Overall Test for new enterprise agreements
Abolition of Registered Organisations Commission
- Educate and train management on right of entry rules and how to address inappropriate conduct by unions
6 June 2023
Flexible work arrangement requests
- Review and update procedures, guidelines and controls on flexible working arrangements to ensure they align to the expanded grounds and new procedural requirements
- Educate and train management on the new requirements to minimise the risk of disputes
No later than 1 July 2023
Establishment of the National Construction Industry Forum
1 July 2023
Small claims procedures change to increase claim cap to $100,000
No later than 6 December 2023
Fixed term contracts limitations come into effect
- Review the use of fixed term contracts, and if necessary, consider alternatives
- Develop procedures, guidelines and controls to ensure that employees are not engaged on a fixed term contract for more than two years unless an exception applies and document where an exception is relied upon
- Ensure that relevant employees are given a Fixed Term Contract Information Statement
7 December 2023
Zombie agreements expire (unless extended on application)
- Notify employees 6 months prior to expiry
- Consider seeking an extension, negotiating a new enterprise agreement or have employees fall back to the relevant award
