We recently conducted a webinar on this topic which attracted over 1,400 registered participants. The changes are extensive and the consequences for employers are potentially far reaching. The summary of the webinar is set out below;
Update
In December 2022 the Federal Government passed legislation to amend employment laws.
This is a short summary of the changes brought about by the Secure Jobs Better Pay Act 2022 that effect your business.
Pay Secrecy Clauses
From 7 December 2022 a pay secrecy clause or confidentiality clause in an employment contract that restricts employees from disclosing their remuneration or other terms and conditions of employment are invalid.
Action
By 7 June 2023 remove pay secrecy and other offending terms in employment contract templates or risk a fine of up to $16,500.
Fixed Term Employment Contracts
From 6 December 2023 Fixed Term Employment Contracts exceeding 2 years or that may be extended more than once, are prohibited.
Action
If a business wishes to continue to use fixed term employment contracts it should consider whether one of the exceptions to this rule applies to the business and its employees. From 6 December 2023 a Fixed Term Contract Information Statement must be provided to employees with any fixed term contract. Failure to do so may result in a fine of up to $16,500.
Flexible Work Requests
From 6 June 2023 the categories of employees who can request flexible working arrangements broadens to include:
- pregnant employees and their immediate family members; and
- those who experience family or domestic violence.
That means employees in the following categories can request flexible work arrangement; parents of a child who is school aged or younger, a carer, a person with a disability, a person 55 years or older; pregnant employees and those who are experiencing family or domestic violence.
There are new obligations on employers before a request for a flexible working arrangement can be refused. If a request is refused the employer must provide a written response to the employee within 21 days. An employee dissatisfied with a refusal now has the right to challenge that decision in the Fair Work Commission.
Action
Employers ought to consider whether any of the legitimate circumstances for refusing a request apply to their business.
Extension of Unpaid Parental Leave
An employee on parental leave may request an extension of unpaid parental leave for 12 months (a total of 24 months leave).
An employer who refuses a request for an extension must provide a written response to the employee within 21 days. An employee dissatisfied with a refusal now has the right to challenge that decision in the Fair Work Commission.
Action
Employers ought to consider whether any of the legitimate circumstances for refusing a request apply to their business.
Workplace Sexual Harassment Disputes
Claims of sexual harassment in the workplace can now be brought in the Fair Work Commission for determination.
There are likely to be more claims.
Action
Educate employees and re-enforce the consequences to perpetrators of sexual harassment in the workplace.
If you need any assistance or queries regarding the employment law changes or if you require any assistance implementing them please contact us on 9525 8688 or email wmd@wmdlaw.com.au and one of our professional team will be able to assist you by providing practical advice and assistance.
