The last six months saw the most significant and wide-ranging changes in employment law since the Labour government scrapped the WorkChoices legislation in favour of the Fair Work Act in 2009. These changes included:
- the Fair Work Legislation Amendment (Secure Jobs and Better Pay) Bill 2022;
- the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022; and
- the Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022.
Some parts of these amendments came into effect when the respective Bill passed, while other parts will follow later this year.
If businesses have not already updated their policies and procedures to reflect the changes that have already come into effect, they need to do so immediately. For those changes that come into effect later this year, businesses should be planning ahead now.
As a general overview, here are the key dates of some of the important changes, as well as some actions employers need to take to remain compliant with the new legislation.
Sexual harassment changes
As per the Respect@Work Bill, employers now have a ‘positive duty’ to eliminate sexual harassment at work instead of reacting to a complaint. The time limit for sexual harassment complaints has also been increased from six to 24 months. Effective since November 2022
The Fair Work Commission now has powers to make orders to deal with sexual harassment complaints. Sexual harassment policies need to align with these new powers, and employers need to provide training to employees around “stop sexual harassment” orders. Effective since March 2023
Family and domestic violence changes
We outlined the changes to family and domestic violence leave in detail when the legislation first passed. However, it is worth noting that a couple of these changes have now come into effect across all businesses, other than small businesses.
All employees, including casuals, are now entitled 10 days’ paid family and domestic violence leave per year. This leave doesn’t roll over, but resets to 10 days at the start of each year. Effective since February 2023*
Employers must ensure not to record “domestic violence leave” on a payslip, to protect employees’ privacy. Effective since February 2023*
*For small businesses the commencement date is 1 August 2023.
Other changes now in effect
Several new protected attributes now exist under discrimination laws. These include breastfeeding, gender identity and intersex status. Managers and employees must be educated about these changes and understand what constitutes discriminatory policy and action regarding these attributes. Effective since December 2022
When it comes to employment contracts, pay secrecy clauses are now prohibited. Employers must ensure to remove any pay secrecy clauses from employment contracts to avoid civil penalties. Effective since December 2022
Upcoming changes
There are a number of things employers and HR managers should do to prepare for changes that will come into effect later in the year.
First, employers should update policies around flexible work arrangements and be careful when denying flexible work requests, as employees will soon be able to file a dispute in the Fair Work Commission. Effective June 2023
Leaders should also be updated on the enhanced small claims process. The monetary cap has been increased from $20,000 to $100,000, and successful employees will be able to get any filing fees paid to the court back from the other party. Effective July 2023
Finally, employers need to be aware that there is an incoming prohibition on using fixed or maximum-term contracts that are longer than two years or for more than two consecutive contracts (whichever is shorter). Effective December 2023
Australian workplace law is among the most complex in the world. Bayside Group’s workplace relations team can provide advice and support to businesses navigating the complexity and significant legislative changes like those outlined today. Contact us to find out how we can help you.
