But wait, there are MORE changes to Industrial Relations laws

Elisa Luck
Thursday, June 8th 2023

Following the introduction of last year’s Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, there were a number of changes to the Fair Work Act. Some of these changes had a staggered implementation date and there are some critical changes from 6 June 2023 that employers need to be compliant with.

Expanded Flexible Working Arrangements

From 6 June 2023 the right to request flexible working arrangements will also apply to:

  • an employee if that employee or a member of their immediate family or household, is experiencing family and domestic violence
  • employees who are pregnant

Employers will have new obligations before they can refuse a request for flexible working arrangements.

Pay Secrecy

From 7 June 2023, pay secrecy terms inconsistent with the new pay secrecy obligations cannot be included in employment contracts or other written agreements that were entered into on or after 7 December 2022.

The Fair Work Ombudsman may commence court proceedings for alleged breaches of this prohibition. Employers who have pay secrecy terms in their contracts that are inconsistent with the new prohibition may face penalties.

Paid Parental Leave

From 1 July 2023, paid parental leave entitlement will be combined with current Dad and Partner Pay entitlements to 2 weeks’ pay. Couples will be able to claim up to 20 weeks’ pay between them and parents who are single at the time of their claim can access 20 weeks’.

The payment can be flexible and eligible employees can claim it in multiple blocks until the child turns two. No longer a requirement to return to work to be eligible for the entitlement.

Better Off Overall Test (BOOT)

The BOOT will be clarified to ensure that it is a global assessment of whether an employee is better off overall under a proposed enterprise agreement, rather than a line-by-line comparison.

In applying the BOOT, the FWC will also be required to only consider patterns or kinds of work, or types of employment that are reasonably foreseeable.

The FWC will also gain new powers to retrospectively reconsider whether an enterprise agreement still passes the BOOT.

Multi-Enterprise Bargaining

There will be three streams that enable bargaining for enterprise agreements that cover more than one employer: single-interest agreements, cooperative workplace agreements, and supported bargaining agreements.

For most employers, the single interest stream will be of central concern. This stream will allow employers deemed to possess a common interest” to be forced to bargain together. However, the other two streams will also be relevant to many employers, particularly those in lower-paid industries. 

The South Australian Business Chamber are experts in industrial relations and are here to support members through this challenging time. 

For assistance call one of our friendly Workplace Advisers on our Business Advice Hotline on 08 8300 0000 (select option 1).

Author

Elisa Luck

General Manager, Programs and Consulting
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