Important dates for employers - Key changes
Changes to the Fair Work Act
The Fair Work Amendment (Secure Jobs, Better Pay) Act 2022 received Royal Assent on 6 December 2022 – introducing the most significant changes to employment and industrial relations laws in Australia since the commencement of the Fair Work Act 2009 (Cth) (“FW Act”) some 13 years ago.
Below is a snapshot of some of the key start dates for changes under the FW Act which employers need to be aware of – some of which have already come into effect!
7 December 2022
Prohibition on Pay Secrecy
Employees now have a workplace right to share (or not share) information about their pay and their employment terms and conditions that would be needed to work out their pay, and have the right to ask other employees about this. Adverse action cannot be taken against them by their employer for exercising such rights.
New Protected Attributes under the FW Act
Breastfeeding, gender identity and intersex status – of which employees have the right to be free from discrimination.
7 January 2023
Prohibition on Job Advertisements
It is now unlawful to include pay rates which would breach the FW Act or another instrument (such as a modern award).
6 March 2023
Express Prohibition against Sexual Harassment
There is now an express prohibition against sexual harassment in the FW Act (in addition to the existing prohibitions under discrimination laws which still apply). The FWC can now deal with and make orders for disputes about sexual harassment.
6 June 2023
Flexible Working Arrangements
More employees will now be able request a flexible working arrangement:
Employees who are experiencing family and domestic violence or are providing care or support to a member of their household or immediate family because of family or domestic violence.
Employees who are pregnant.
Employers will now have higher obligations to comply with (such as genuinely consulting with employees) before they can refuse a request for a flexible working arrangement.
The FWC can hear disputes and hold a conciliation, mediation or mandatory arbitration.
7 June 2023
Notice for Zombie Agreements
Before 7 June 2023, notice must be given to affected employees by any employers who have a ‘zombie’ agreement in place (made before 2010 and before the commencement of the FW Act) which will automatically terminate (sunset) on 7 December 2023.
New Prohibition against Pay Secrecy Terms
It will now be a civil offence for an employer to include a term in an employment contract that attempts to prevent an employee from discussing their pay or conditions.
1 July 2023
Small Claims Cap Increases
The cap on the amount that can be awarded under the FW Act through “small claims” court proceedings will increase from $20,000 to $100,000.
6 December 2023
New Prohibitions against Fixed Term Contracts
Fixed term contracts will now be prohibited for a period of greater than two years and over other thresholds (e.g. more than two consecutive contracts). Contraventions of these provisions will attract civil penalties under the FW Act. There will be some exceptions to these provisions. A new Fixed Term Contract Information Statement will be issued by the Fair Work Commission which must be provided to each new fixed term employee.
Termination (Sunsetting) of Zombie Agreements
All ‘zombie’ agreements in place will automatically terminate (sunset) unless the employer has applied for and been granted an extension.
Other Significant Changes
Other significant changes we have recently seen in the industrial relations and employment law space (and key start dates to be aware of!):
13 December 2022
New Positive Duty to Prevent Sexual Harassment
There is now a positive duty on an employer to eliminate or minimise risks of sexual harassment under the Sex Discrimination Act 1984 (Cth). Employers are required to take proactive (and not reactive) steps to prevent such conduct from occurring in the workplace.
1 February 2023
Paid Family and Domestic Violence Leave (Non-Small Business Employers)
Employees of any non-small business employer can now access 10 days of paid family and domestic violence leave under the National Employment Standards. This includes full time, part time and casual employees.
1 April 2023
New WHS Code of Practice for Psychosocial Hazards
A new WHS Approved Code of Practice regarding psychosocial hazards in the workplace has been introduced under the Work Health and Safety Act 2011 (Qld) named “Managing the risk of psychosocial hazards at work”.
1 August 2023
Paid Family and Domestic Violence Leave (Small Business Employers)
Employees of small business employers will now be able to access 10 days paid family and domestic violence leave under the National Employment Standards. This includes full time, part time and casual employees.
Please note this is a brief summary of some of the changes in this area. You can contact our employment law team here if you have any questions about any of the upcoming changes (or the changes already in effect) and their impacts on your business and obligations as an employer.