Aussie Painting Contractor Magazine June 2023

HR Legislation Changes

Are your Employment Contracts up to date?

With a continually changing workforce and so many factors competing for employers’ attention, it’s critically important that you keep abreast of changes in the Fair Work Legislation (employment and industrial relations reforms), to ensure you are minimising your litigation risk. Knowing that you have everything covered in your employment contracts is a great way to protect your business.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) was enacted in December 2022, resulting in a number of changes that will be introduced throughout this year. Some key changes made in the Fair Work Act 2009 (Cth) include:

Confidentiality and Pay Secrecy – Pay secrecy clauses are now illegal in Australia and any employment contract entered into or changed after 7 December

2022 must not include a clause that prohibits employees from discussing their salary and remuneration. Effective since December 2022.

Positive Duty to Eliminate Sexual Harassment –

Employers can be held liable for sexual harassment in the workplace unless they can demonstrate they have policies in place and have taken reasonable steps to prevent it. Effective since November 2022.

Anti-Discrimination Protections – Additional anti-discrimination measures have been introduced and all workplace participants need to be educated about the new protected attributes including breastfeeding, gender identity and intersex status. Effective since December 2022.

Flexible Work Arrangements – Employers will soon have new obligations when an employee requests a flexible work arrangement (see our February Newsletter) and employees have more legal recourse if their request is denied. Effective as of June 2023.

Paid Family and Domestic Violence Leave – All employees can access 10 days of paid leave in a 12-month period. Effective February 2023 for employers with 15 or more employees and 1 August 2023 for employers with less than 15 employees.

Public Holidays – Employees need to be requested to work public holidays and may refuse on reasonable grounds. If they work the public holiday, they must be compensated accordingly e.g. given a mutually agreed day off in lieu. See our April Newsletter for more information. Effective March 2023.

Shut Down – Employers covered by certain awards will be required to give employees affected by a temporary shutdown (such as a closures over Christmas/ New Year), 28 days’ written notice of the shutdown, if the employer will require employees to take paid annual leave during that period. If an employee doesn’t have enough annual leave accrued for the closure, employers and employees may mutually agree to an alternative such as leave without pay, annual leave in advance or using accrued time off. To see if you are affected by this change, check for your award on this list: https://www.fairwork.gov.au/newsroom/news/ new-shutdown-rules-for-awards

Pay Day Super – Employers will be required to pay their employees’ super at the same time as their salary and wages. Effective from 1 July 2026.

Salaries inclusive of overtime – Employers who include regular overtime as part of employee salary calculations are still required to ensure they have requested the employee work the over time, allowing the employee to reasonably refuse the request.

Employee wellbeing and psychosocial hazards – Employers must have up to date training and systems in place to manage psychosocial hazards at work including psychological and physical harm. Effective 1 April 2023.

HR Maximised can provide up to date, legally compliant Employment Contracts that give you peace of mind and keep your business protected.

Mary Cairns

Experienced in strategic planning, leading specialist sales teams, and managing corporate client relationships, Mary’s strengths lie in developing and nurturing people and relationships.

www.hrmaximised.com.au