IMPORTANT – KEEP UP WITH THE CHANGES IN THE INDUSTRIAL RELATIONS SYSTEM
Industrial Relations reform was a big agenda item in the 2022 Federal Election. In December 2022, the Government passed the Fair Work Legislation Amendment Secure Jobs, Better Pay Bill 2022.
These are some of the most significant changes to the federal industrial relations system since the introduction of the Fair Work Act. A second tranche of changes has been foreshadowed for later this year.
It is imperative employers understand these amendments and implement necessary change to ensure compliance.
Bargaining & Enterprise Agreements
By far the most extensive and controversial changes in the Act relate to industrial relations.
Employers who employ 20 or more employees, and are not covered by an enterprise agreement that is still within its nominal term, may be forced by a union into bargaining for a single-interest multi-enterprise agreement.
It is important employers understand the implications of multi-employer bargaining for their business.
Changes to agreement making start on 6th June 2023.
Please contact Tania if you have any questions.
Other Changes
Some changes have already taken effect, while others will start between March and December this year.
The changes that apply now include new:
- pay secrecy and unlawful job ad laws
- protected attributes
- enterprise agreements and bargaining laws.
On 6 March 2023, changes will apply relating to pay equity and the prohibition of sexual harassment in the workplace.
Refer to the Fair Work Ombudsman’s downloadable timeline.
IMPORTANT REMINDER – PAID FAMILY & DOMESTIC VIOLENCE LEAVE
On 1 February 2023, the new paid family and domestic violence leave entitlement came into effect for employees of non-small business employers (15 or more employees on 1 February 2023).
For employees of small business employers (less than 15 employees on 1 February 2023), the leave will be available from 1 August 2023.
FEDERAL GOVERNMENT CONSIDERING NON-COMPETE CLAUSES
The Federal Government has asked ACCC and Treasury for advice on the effects of non-compete clauses in employment contracts. The Government advised that there is a growing body of evidence about how non-compete clauses hamper job mobility and wages growth.
We will keep you posted.