Workplace relations update | 15 July 2022

Family and Domestic Violence Leave
In the parliamentary sitting week beginning on July 26 2022, the Government will introduce its legislation to include 10 days paid family and domestic violence leave into the National Employment Standards.

ACCI has been engaged in the pre-legislation consultation process for the implementation of this policy and has indicated employers’ preference for any new legislated entitlement to paid domestic violence leave to align as closely as possible with the provisional view expressed by the Fair Work Commission in the Family and domestic violence leave review 2021 decision.

Jobs and Skills Summit
The Federal Government’s Jobs and Skills Summit is scheduled for September 1-2 2022, with enterprise bargaining and productivity shaping up as the focus of the likely workplace relations dimensions of the Summit discussions.  

ACCI will seek opportunities to advance practical and realistic changes to the rules for enterprise bargaining that can help revive the system that has become unattractive, unrewarding, costly and too unreliable for many employers. Bargaining is increasingly failing to provide sufficient support for productivity improvement, real wage growth, job security and the security and resilience of enterprises. 

ACCI is looking forward to working with the Government, unions and other employer groups, to make the bargaining system simpler, more accessible and more reliable.

Workplace Relations Working Groups
In the recent Workplace Policy Committee meeting, it was resolved that the ACCI network would form smaller working groups on specific workplace relations policies that require greater collaboration. Those working groups will begin to convene in coming weeks and we encourage any further members to reach out if they wish to participate.

Statutory Review of Casual Employment Legislation 
The Attorney-General’s Department has commenced its scheduled review of the amendments made to casual employment in March 2021 (which ACCI strongly advocated for), 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 that amending Act requires a review of the casual employment changes as soon as practicable 12 months after commencement.

ACCI has participated in recent consultation sessions in this review being conducted by KPMG, along with a number of members of the ACCI network and other employer representatives. 

We encourage further interested members to participate in the review prior to the closing date of 22 July 2022, particularly to emphasise to the Commonwealth that the existing casual employment arrangements are working effectively, remain a significant improvement to 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 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.

Secure Australian Jobs Plan
ACCI continues research, analysis and engagement with members on the implementation of the Federal Government’s workplace relations policies, with an emphasis on practicality and proportionality in implementing such changes and minimising any adverse impacts on doing business and employment. 

There will be further opportunities for engagement on legislative changes across areas such as casual employment, labour hire, platform work, fixed term employment, pay equity, sexual harassment and enterprise bargaining, particularly as Government provides further indications of its prioritisation and time-tabling for legislative amendments.  Members are encouraged to make contact with the WR team on any aspects to the Government’s policies that ACCI should be aware in our advocacy on your behalf.