Workplace relations update | 24 June 2022

Workplace Policy Committee Meeting — Labor Government’s Secure Australian Jobs Plan
On Thursday, June 23, 2022, ACCI’s Workplace Policy Committee (WPC) convened online to consider in further detail the Albanese Government’s planned changes to Australia’s IR system and the Fair Work Act, through its Secure Australian Jobs Plan.

Annual Wage Review
On Wednesday, June 15, 2022, the Fair Work Commission handed down its decision on the Annual Wage Review. The expert panel determined that an increase to the national minimum wage of 5.2 per cent and an increase to modern award wages of 4.6 per cent were necessary to achieve the statutory objectives, contrary to ACCI’s recommendation for an increase of 3 per cent. Following successful ACCI network advocacy, increases to wages in several modern awards will be delayed by three months, including in the hospitality, airline, clubs and restaurants industries.

Draft modern award wage determinations have now been released and we encourage members to provide the Fair Work Commission with any corrections or amendments to the draft determinations by the deadline of 5:00pm Friday, June 24, 2022.

Statutory Review of Casual Employment Legislation
The Attorney-General’s Department has commenced its scheduled review of the changes made to casual employment, including casual conversion rules and the statutory test, in the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 (Cth). Section 4 of the Act requires a review of the casual employment changes to occur as practicable 12 months after commencement.

We encourage members to participate in the review, particularly to emphasise to the Commonwealth that the existing casual employment arrangements are working effectively, remain a significant improvement on the prior framework that should not be undone. Please visit the site for the review here.

Productivity Commission Inquiry — Carer’s Leave
Following the Royal Commission into Aged Care, the former Treasurer requested the Productivity Commission to undertake an inquiry to examine the potential impact of amending the NES to provide for a minimum statutory entitlement to extended unpaid carer’s leave for employees caring for older Australians. The Issues Paper for the inquiry is due to be released shortly and ACCI intends to make a submission in response.

ACCI has also been invited to participate in preliminary consultation sessions with the PC regarding this matter.

Fair Work Commission Consultation: Online Proceedings Framework
The Fair Work Commission has released the Interim Online Proceedings Framework following its consultation on The Future of Online Proceedings. The framework provides that the Commission intends on dealing with some proceedings online as a default position, including urgent applications, short matters, hearings without disputed facts and others. However, this default position will be vacated following consideration of a series of matters including the attributes and capacities of participants.

The Commission is also encouraging feedback on the proposed framework, which can be provided by emailing [email protected] by Wednesday, July 6, 2022.