NEW AMENDMENTS TO EMPLOYMENT LEGISLATION

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: a. 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; b. 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.

In December 2022, the new Secure Jobs, Better Pay bill was passed by the Government, which made significant amendments to the employment legislation – the Fair Work Act.

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.

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.

1 FEBRUARY 2023

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.

If you’re an MPAQ member and have questions about what you need to do now, call the MPAQ HR team on 07 3273 0800.

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. This provides employees with 10 days paid leave per annum.

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).

7 December 2023

Termination Of Zombie Agreements

A Zombie agreement that has not yet been terminated through Fair Work Commission, will automatically terminate unless a business has applied for and been granted an extension.

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.

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 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; and

• employees who are pregnant.