Policy and Advocacy Update

The South Australian Business Chamber Policy and Advocacy team has been involved in advocacy on behalf of South Australian Businesses around the Closing the Loopholes Bill Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 which passed through the House of Representatives on 29 November 2023. The Bill must return to the Senate for a final vote once the Senate Education and Employment Legislation Committee‘s Report, due 01/02/2024, comes through.

There are changes to the proposed legislation, the most significant of which are: 

• Allegra Spender MP’s amendment to review the amendments to the Fair Work Act introduced by this Bill within 2 years to consider whether they have been ​“appropriate and effective”;
• Intractable Bargaining Workplace Determinations — No Less Favourable Terms. The Fair Work Commission (FWC) has the power to make ​‘intractable bargaining workplace determinations’ to resolve bargaining disputes. These amendments would mean that an arbitrated term of an intractable bargaining workplace determination can be no less favourable to an employee than a corresponding term in an existing enterprise agreement This is a radical change and ACCI and the South Australian Business Chamber are extremely concerned about this proposal;
• Intractable Bargaining Workplace Determinations — Agreed Terms, When making intractable bargaining workplace determinations, the FWC cannot arbitrate on matters that are already ​“agreed terms” the amendment will expand that term; and the
• Expanded Wage Theft Offence amendments would expand the proposed​“wage theft” offence to also include superannuation underpayments, long service leave, and other forms of paid leave.

Earlier we saw some success in the Bill being split in 2, which meant the uncontentious parts could be voted through without delay ( these included closing a loophole where insolvent large businesses claim small business exemptions to avoid redundancy entitlements; helping first responders with PTSD claim workers’ compensation; bringing silica dust in line with asbestos regulation; and protecting victims of domestic violence from discrimination).

We continue to work closely with ACCI to reduce complexity for businesses and will be providing seminars on the changes to legislaton in early 2024. This will be followed by training required by businesses to deal with the legislation once it has passed.

The Work Health and Safety (Industrial Manslaughter) Amendment Bill, passed through South Australian Parliament on 29^th November and will come into effect on the date of assent. Individuals can face a maximum penalty of 20 years imprisonment, $18 million for companies, if they are reckless or grossly negligent in conduct which breaches a work health and safety duty and results in the death of another person.

The South Australian Business Chamber was involved in discussions regarding this legislation from the first months of the new government forming. We were instrumental in having changes made and a new draft released before public consultation. It is expected that very few the South Australian Business Chamber members will be impacted by this due to the services the South Australian Business Chamber offers to support business in this area.

If you are unsure of how the changes will impact your workplace and you are a the South Australian Business Chamber member, contact our Business Advice Hotline on (08) 8300 0000.