Fair Work Laws
What the Secure Jobs, Better Pay laws mean for workers
In late 2022, the Australian Government passed the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022. This legislation amends the Fair Work Act which applies to the majority of Australian employers and employees.
The new laws come into operation on different dates with some starting from 7 December 2022, and others throughout 2023.
Here's when the changes will roll out...
- Changing the objects of the Fair Work Act to include promoting job security and gender equality.
- Prohibiting pay secrecy.
- Introducing new protected attributes from discrimination: breastfeeding, gender identity and intersex status.
- Sunsetting of ‘zombie’ agreements.
- New procedural rules for enterprise agreements.
- Introducing a positive duty on employers to eliminate sexual harassment, and other Respect@Work changes to the Sex Discrimination Act (to take place from 12 December 2023).
Banning job ads that include wages and conditions that are less than and breach the Fair Work Act, award or enterprise agreement.
Introducing 10 days paid family and domestic violence leave in the National Employment Standard for businesses with 15 or more employees.
Abolishing the Australian Building & Construction Commission.
- Prohibiting sexual harassment in the workplace.
- Creating expert panels at the Fair Work Commission to focus on pay equity and the care and community sector.
- Transferring the Registered Organisations Commission’s functions to the Fair Work Commission.
- Changes to agreement making including increased access to multi-employer bargaining through: single interest bargaining, supportive bargaining and cooperative bargaining.
- Extending unpaid parental leave, including providing powers to the Fair Work Commission to determine dispute.
- Strengthening powers of the Fair Work Commission to handle disputes about employee applications for flexible work arrangements.
- Improving the Better Off Overall Test for agreements.
- Creating the National Construction Industry Forum.
- Increasing the current $20,000 cap to $100,000 to allow for an easier small claims process to pursue unpaid employee entitlements.
- Extending paid family and domestic violence leave to employees of small business employers (less than 15 employees).
- Changing fixed term contracts.
- Commencement date for the new positive duty on employers to prevent sexual harassment.