As we reported late last year, the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) received Royal Assent on 6 December 2022, representing the most substantial legislative workplace and industrial relations reform since the introduction of the Fair Work Act 2009 (Cth) (Fair Work Act) itself.

In the period since then many of the amendments to the Fair Work Act contained in the Amending Act have taken effect. Our Workplace Team has prepared the below checklist to track the progress of the Amending Act’s reforms, including a significant number that have taken effect in recent weeks. 

Amendment

Commencement

More information

Change to the objectives to the Fair Work Act

7 December 2022

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Job security and gender equality are now objectives of the Fair Work Act.

Click here to read more.

Fair Work Commission can correct errors in enterprise agreements

7 December 2022

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The Fair Work Commission can validate an earlier decision to approve an enterprise agreement or its variation in circumstances where an incorrect version of the document was inadvertently submitted for approval.

Click here to read more.

Changes to commencement of bargaining processes

7 December 2022

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Employee bargaining representatives have the power to initiate bargaining in certain circumstances.

Click here to read more.

Changes to the process for terminating enterprise agreements

7 December 2022

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The Fair Work Commission needs to be satisfied of additional criteria to approve the termination of an expired enterprise agreement.

Click here to read more.

Sunsetting of ‘Zombie’ Agreements

7 December 2022

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An automatic sunset period for ‘zombie agreements’, being any remaining pre-FW Act agreements that have been preserved by the Fair Work Act, has commenced with termination of such agreements occurring in December 2023.

Click here to read more.

Prohibition of sexual harassment in the workplace

6 March 2022

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Sexual harassment is expressly prohibited in connection with work, including in the workplace.

A new dispute resolution process also allows the Fair Work Commission to deal with disputes through conciliation or mediation.

Click here to read more. 

Pay secrecy terms prohibited

6 June 2023

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Pay secrecy terms can no longer be included in employment contracts at all.

Click here to read more.

Changes to enterprise agreement making

6 June 2023

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Pre-approval requirements for enterprise agreements have been simplified by removing perceived complexity and prescriptive administrative rules. The Fair Work Commission has also introduced and will be guided by a “Statement of Principles on Genuine Agreement”.

The Better Off Overall Test requires the Commission to undertake a global rather than line-by-line assessment of whether each employee concerned would be better off under an enterprise agreement than the relevant modern award.

Click here to read more.

Changes to multi-employer bargaining

6 June 2023

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The existing streams of enterprise bargaining have been amended and expanded, with civil and commercial construction industries excluded.

The cumulative effect of these changes shifts the focus of enterprise bargaining towards the industry level and away from enterprise level bargaining.

Click here to read more.

Changes to flexible work arrangements

6 June 2023

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The circumstances in which an employee may request a flexible work arrangement include pregnant employees and where employees, or a member of their immediate family or household, experiences family and domestic violence.

The Commission is also empowered to deal with a dispute about a flexible work request, including by conciliation, mediation or if necessary mandatory arbitration.

Click here to read more.

Limitations on fixed term contracts

6 December 2023

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Employers will be prohibited from entering a fixed term contract with an employee for a period longer than two years (with limited exemptions).

A Fixed Term Contract Information Statement will also need to be provided to employees entering a fixed term contract.

Click here to read more. 
           

Moray & Agnew invites you to our webinar series where we will uncover the impacts of these legislative changes on your business and key action points for employers in what is a significant year in workplace relations reform.

Our first two webinars will cover the seminal changes to enterprise bargaining laws which commenced on 6 June 2023. These changes will have a dramatic effect on industrial relations in Australia and are likely to lead to increased demands, including from Unions for significantly higher wages and conditions. Our third webinar will look at lessons learned since the commencement of the Fair Work Commission’s jurisdiction to deal with disputes regarding flexible work requests and its new sexual harassment complaint jurisdiction.

Reserve Your Spot at One or All of These Webinars Here

 

The content of this publication is intended to provide a summary and commentary only. It is not intended to be comprehensive nor does it constitute legal advice, and has been prepared based on applicable legislation at the date of publication. You should seek legal advice on specific circumstances before taking any action.

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Read More about the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth)