The Australian Government has passed the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022. This legislation amends the Fair Work Act to change many existing rules and introduces a range of new workplace laws.
What applies now
Disclosing pay and workplace conditions: These changes take effect from 7 December 2022.
The Fair Work Act now gives employees and future employees new workplace rights to share or not share information about:
- their pay
- their employment terms and conditions that would be needed to work out their pay, such as their hours of work
- ask other employees (with the same or a different employer) about their pay and employment conditions.
Job advertisements: These changes take effect from 7 December 2022
From 7 January 2023, job advertisements can’t include pay rates that would breach the fair work act or a fair work instrument (such as an award or enterprise agreement). This means that jobs can’t include pay rates that undercut employees’ minimum entitlements.
Flexible Work arrangement: These changes take effect from 6 June 2023.
- Flexible work arrangement to include circumstances for employees taking care of their immediate family or that employee is experiencing family and domestic violence.
- Pregnant employee.
Employers will have a new obligation to accept or reject the request for flexible working arrangements from employees by writing within 21 days.
If there is a dispute between an employer and an employee, the act will allow employees to go directly to the Fair Work Commission.
Fixed-term contracts: These provisions take effect from 6 December 2023.
From 6 December 2023, employers can no longer employ an employee on fixed term contract for the same role beyond two years or two consecutive contracts, which is shorter including renewals.
Gender equality measures and small claim process:
- Employers are prohibited from taking adverse action against new attributes such as breastfeeding, gender identity, and intersex status. This will take effect from 7 December 2022.
- Everyone has the right to a workplace that is safe and free from sexual harassment. Employers have an obligation to manage the health and safety risks of workplace sexual harassment. These changes take effect from 6 March 2023.
- There are changes that take effect from 6 June 2023 to unpaid parental leave. This means that the employer has an obligation to agree or refuse the request for an extension of parental leave to the employee in writing within 21 days
Enterprise Agreement and Bargaining:
A range of changes to enterprise bargaining will officially commence no later than 6 June 2023, including —
- The FWC has to terminate the enterprise agreement if that agreement is unfair to the employees it covers and if it doesn’t cover any employee.
- an automatic sunsetting for agreements (also known as “zombie agreements”) that already in place before the FW Act which means the agreement will cease to operate, and minimum pay and conditions will be set by the relevant modern award unless a new agreement is negotiated;
- a quicker process for the agreement-making process and approval requirements.
- From 7 December 2022 The FWC has powers to make corrections or to correct an error in the enterprise agreement on its own or on application by an employer, employee or union covered by the agreement.
Abolition of Australian building and contraction commission:
On 10 November 2022, certain functions and responsibilities under the Fair Work Act carried out by the ABCC for the commercial building and construction industry transferred to Fair Work Ombudsman.
Abolition of ROC:
From no later than 6 June 2023, the Registered Organisations Commissioner’s regulatory powers and functions will transfer to the General Manager of the Fair Work Commission.
For key dates please visit : Secure Jobs, Better Pay: changes to Australian workplace laws – Fair Work Ombudsman
