Workplace relations update | October 21, 2022

Fair Work Amendment (Secure Jobs, Better Pay) Bill 2022
The Minister for Employment and Workplace Relations intends to introduce a Bill to substantially amend the Fair Work Act in the next parliamentary week,  in all likelihood on Thursday 27 October.  This is the first tranche of amending legislation to implement the Albanese Government’s Secure Australian Jobs Plan policy on workplace relations, and additional priorities the Government took away from the Jobs and Skills Summit in September. Further amending legislation is expected next year.

These changes are to be wide ranging. It is reported that the initial bill is to address at least: multi enterprise bargaining, intractable disputes, the Better Off Overall Test, an expanded role for arbitration, future pay equity litigation, eliminating pay secrecy, limitations on fixed term contracting, as well as expanding employer obligations where employees request changes to hours or locations of work.

ACCI’s Workplace Policy Committee will meet at 10:30 Melbourne time Monday, 24 October via Zoom to share what information we can in advance of the introduction of this substantial amending legislation.  [Jess Tinsley / Scott Barklamb]

Respect@Work changes
The Attorney General has introduced the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 into the House of Representatives, and it is being considered by a rapid Senate Committee process. The Bill seeks to implement the remaining recommendations from the Respect@Work: Sexual Harassment National Inquiry Report released by the Australian Human Rights Commission in 2020 not implemented to date. ACCI has been involved in consultations with the current and previous Government on these matters, and engaged members through the Workplace Policy Committee on a number of occasions. The Bill has been referred to the Senate Legal and Constitutional Affairs Legislation Committee. [Jess Tinsley / Simon Farrow]

Platform Work
Last week, Deputy Director – Workplace Relations, Jess Tinsley participated in a high level meeting of global experts on the future of work in the platform economy, which addressed the future legal status and treatment of platform or gig working International Labour Organisation (ILO).  The Victorian Government has now launched its Fair Conduct and Accountability Standards for Platforms and Platform Workers, as well as a new Gig Worker Support Service. Such developments are relevant to the Albanese Government’s intention to impose employment derived or modelled regulation on some gig working, non-employment based work in a second tranche of workplace relations amending legislation in 2023.  [Jess Tinsley]

Maritime Productivity
ACCI is responding to the Productivity Commission’s Draft Report and recommendations on lifting productivity on Australia’s ports, including a number of workplace relations matters. We intend to take the opportunity to have the planned changes to agreement making under the Fair Work Amendment (Secure Jobs, Better Pay) Bill 2022 inform ACCI’s final input to the PC. [Scott Barklamb]

Shutdown provisions in modern awards
On 25 August 2022, a Full Bench of the Fair Work Commission handed down a decision that will affect the shutdown provisions in 78 modern awards: 4 yearly review of modern awards—Plain language—Shutdown provisions [2022] FWCFB 161. The introduction of the model term will mean that employers will no longer be able to direct employees to take a period of unpaid leave during a shutdown. ACCI is currently preparing a submission in response to the draft determinations published following the decision. If members are interested in participating or contributing, they are encouraged to contact us. [Simon Farrow]

Modern awards superannuation clauses review
On 28 September 2022, President of the Fair Work Commission, Justice Ross, issued a statement announcing a review of the superannuation clauses in all modern awards. The Commission held a conference on Friday 7 October 2022. Following the conference ACCI and the ACTU are addressing issues raised for award superannuation clauses by the commencement of superannuation changes from November 2021, as identified here. [Simon Farrow]