Australian Workplace Law Changes - January 2023
As your trusted business partner, The Halkin HR Team will always stay on top of the current and upcoming changes regarding workplace law and best practice to ensure that all our clients receive the most up to date information.
Our team of dedicated HR consultants have done their research and attended relevant webinars and compiled this easy-to-digest analysis of the new workplace law changes.
Please reach out to us for any assistance regarding the implementation thereof.
WORKPLACE LAW CHANGES EFFECTIVE AS FOLLOWS:
JOB SECURITY
A new objective will be introduced into the Fair Work Act and modern awards to ensure job security is at the heart of all Fair Work Commission decisions.
EFFECTIVE AS OF 7 DECEMBER 2022:
Ban on pay secrecy clause
Employees have a right to discuss their pay and terms and condition of employment with others in the workplace. Pay secrecy clauses have been outlawed under the new legislation and can no longer be included in an employee’s contract. This ban has come into immediate effect.
From June 2023 employers who enter into a contract with a pay secrecy clause can be fined up to $63,000.
Suggestive changes required: Update all new contracts for 2023
Gender equality
Following the Royal Assent given to this bill, the objects of the Fair Work Act and modern awards will be immediately amended to include an objective of greater gender equality in the workplace. The Fair Work Commission will now begin to make decisions with gender equality at the forefront. Equal remuneration requires the FWC to consider work value reasons free from assumptions based on gender whilst considering any historical gender-based under-evaluation of work.
Anti-discrimination
Some minor changes will be made to align the Fair Work Act with other anti-discrimination legislation by including protections against discrimination based on breastfeeding, gender identity and intersex status as protected attributes.
EFFECTIVE AS OF 7 JANUARY 2023:
Employment advertisements
Employers are prohibited from advertising employment at a rate of pay that’s lower and or would contravene the Fair Work Act or Modern Award.
EFFECTIVE AS OF 1 FEBRUARY 2023:
Paid family and domestic leave
10 days paid family and domestic violence leave will be introduced for all employees, including casuals.
For non-small businesses: this begins on 1 February 2023.
For small businesses (of less than 15 employees): this begins on 1 August 2023.
Suggestive changes required: update policies, procedures, and contract
EFFECTIVE AS OF 6 MARCH 2023:
Sexual harassment
From March 2023, a new ability for employees to bring claims in the Fair Work Commission for sexual harassment will be introduced. Going forward, employees will now also be able to bring a claim for previous sexual harassment (including claims for damages), as opposed to ongoing harassment.
Employees will be able to bring claims against employers and work colleagues as well as against third parties such as a customer, client, or member of the public, so long as there is some connection at the time the conduct occurs to the employee performing work.
Employers may be found to be vicariously liable for such conduct and in order to avoid this, employer should be able to proof that they tried all measures to stop and prohibit sexual harassment in the workplace.
Suggestive changes required: Update sexual harassment policy and provide sexual harassment training
EFFECTIVE AS OF 6 JUNE 2023:
Flexible work requests and requests to extend unpaid parental leave
Currently, employees with a minimum of 12 months service have the right to request flexible working arrangements (e.g., flexible working hours and work from home) if they satisfy certain criteria such as caring responsibilities.
From June 2023, employees will be able to request flexible work arrangements in a wider range of circumstances, including on the grounds of family and domestic violence.
Businesses will be required to engage in genuine efforts to give employees flexible work arrangements. It also includes ‘genuine efforts to identity alternative arrangements’ if an employee’s request can’t be accommodated. Businesses that don’t make this ‘genuine effort’ will face forced arbitration.
Similar provisions will be introduced regarding dealing with requests for an extension of unpaid parental leave (i.e., for a period of longer than`12 months).
Employees will be able to challenge a refusal to accept a request in the FWC, for both flexible work requests and extended unpaid parental leave requests.
Suggestive changes required: Update policy and/or contracts
EFFECTIVE AS OF 6 DECEMBER 2023:
Limitations on fixed-term contracts
From December 2023, the Government will impose a limit on fixed-term contracts to a maximum period of two years. Employers will also be unable to use more than two successive fixed-term contracts. In other words, the fixed-term contract cannot be renewed more than once.
Employers will be required to provide employees with a Fixed-Term Contract Information Statement.
Suggestive changes required: Contact Halkin HR for further advice
Respect at work bill
Two key changes have been introduced
Positive duty to eliminate sexual harassment and discrimination. Employers are required to as far as possible implement measures to eliminate sexual discrimination and sexual harassment. This duty will come into effective in December 2023.
Prohibition on subjecting others to hostile workplace environment on grounds of sex
WHAT ELSE IS TO COME?
Criminalising wage theft
Labour is promising to criminalise wage theft on a national level. These new laws would apply to wage theft in the worst circumstances, such as where the employer has deliberately underpaid their workers, rather than accidentally.
Our HR team is ready and equipped with all the required resources as mentioned above, so go on and contact us today to ensure your company is ready and compliant for 2023!
Halkin HR team: hrsupport@halkinbp.com.au
