Workplace relations update | 21 April 2023

Consultation Papers on Second Tranche of Workplace Relations Changes
The Department of Employment and Workplace Relations has released four consultation papers on proposed changes to the workplace relations system which the government will seek to introduce later this year:

• Same Job, Same Pay
• Wage Theft
• Extending the Powers of the Fair Work Commission to Include ‘Employee-Like’ Forms of Work
• Stronger Protections for Discrimination, Adverse Action and Harassment.

To ensure that we are providing fulsome feedback that accurately reflects the views and experiences of ACCI’s membership, we will be setting up five special meetings on each of these areas with the purpose of receiving information and feedback on each question covered in the papers. This will provide members an opportunity to provide us with information verbally. Once we have drafted a response to each of the papers, ACCI will call a formal WR Policy Committee Meeting to approve the policy positions contained in each. 

Members are encouraged to contact ACCI if they would like to participate in these meetings.

In addition, ACCI would appreciate if members could send us any written information which they believe will be of interest to us in preparing our responses. This could, helpfully, involve points in response to each of the discussion paper questions, and could extend to any additional facts, data, case studies et cetera that you believe will be of use.

Agrifood Workforce Summit – exploring workforce solutions in the food supply chain
ACCI and the National Farmers Federation are jointly hosting the Agrifood Workforce Summit next week on Thursday, April 27 in Brisbane, with support from Business Chamber Queensland and sponsors BDO and Clayton Utz.  

The event will bring together politicians, policy makers, as well as industry leaders, to tackle the pressing issues facing the future of agriculture and food production in Australia. The Hon. Murray Watt MP, Minister for Agriculture, Fisheries & Forestry, and the Hon. David Littleproud MP, Shadow Minister for Agriculture, will both be speaking at the summit.

The summit will include a focus on workplace relations, and is a must-attend event for those in the agrifood sector, including those in agriculture, food manufacturing and processing, transportation and logistics, distribution, retail and food service.

We are encouraging members in these sectors to attend and to share this invitation with their members, ensuring a good mix of policy and industry representatives. 

Please register if you wish to attend. There are limited speaking positions still available, so please get in touch with Jessica Tinsley, Director of Workplace Relations at [email protected] if this is of interest to you.  

Workplace Policy Committee — References Committees

ACCI’s Workplace Policy Committee has agreed to establish two new references committees to strengthen ACCI’s advocacy on workplace relations issues and to ensure greater consistency across the ACCI network. 

The WR Legal and Practical Guidance References Committee will focus on improving the coordination and distribution of legal advice and other practical guidance related to workplace relations matters across the ACCI network. This will assist in promoting consistency in guidance across the network and help identify pivotal legal matters in which the network may wish to intervene.

The WR Advocacy References Committee will focus on gathering a substantial evidence base  — such as case studies, data, and surveys — which will be used to support the policy positions determined by the Workplace Policy Committee. This will enable ACCI to be better equipped in its advocacy to government, parliamentarians, and in the media. For example, this committee will be useful in identifying the impact of recent changes to the Fair Work Act on businesses, which can then be utilised in the statutory review of the legislation.

The Terms of Reference for these committees are currently being finalised. ACCI welcomes expressions of interest from members wishing to participate in either. Please direct any enquiries or expressions of interest to Jessica Tinsley, Director of Workplace Relations at [email protected] 

Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023
The Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023 was introduced into the Federal Parliament on March 29.

The legislation proposes to:

• insert a right to superannuation in the National Employment Standards;
• clarify that the Fair Work Act applies to temporary migrant workers;
• provide stronger access to unpaid parental leave;
• clarify the operation of workplace determinations;
• amend the process for making deductions from employees’ pay; and
• amend the coal long service leave scheme.

While the changes are to some degree less contentious than other workplace relations policies of the Federal Government, ACCI has been closely engaging with the legislation.

ACCI has provided its submission to the Senate Education and Employment Legislation Committee, which urges it to make recommendations for amendments to the proposed changes to the unpaid parental leave entitlement.

Annual Wage Review 2022-23 
ACCI submitted its initial submission in the Annual Wage Review 2022-23. on March 31.

While the ACTU and Federal Government are calling for significant increases to minimum wages and modern award wages, ACCI is contending that the Fair Work Commission should take a cautious approach to wage increases, particularly in light of the potential to worsen the inflationary environment and businesses’ ongoing incapacity to absorb large labour cost increases.

ACCI thanks members who recently participated in meetings to discuss and determine ACCI’s proposed position in the review.

ACCI is currently preparing its submission in reply.

Annual Wage Review — Copied State Awards
ACCI appeared before the Expert Panel of the Fair Work Commission conducting the Annual Wage Review 2022-23 on April 13.

The hearing was about how the Fair Work Commission should deal with copied state awards in annual wage reviews, which are instruments that replicated the terms of conditions of employees who transfer from a state government employer into the national system through privatisation.

ACCI is contending that the wage adjustments to modern award wages determined in annual wage reviews should not be automatically applied in copied state awards and instead should only be applied upon application after hearing from affected parties. ACCI previously lodged an initial submission and a submission in reply.

ACCI Fact Sheet — Rostering on Public Holidays
ACCI has produced a fact sheet regarding rostering on public holidays following a significant Federal Court decision recently handed down.

The effect of the Federal Court decision is that employers may be in breach of the Fair Work Act if they automatically roster an employee to work on a public holiday, without requesting their permission first or informing them that the roster is initially provided in draft form only. This may be inconsistent with the existing practices of many employers.

The fact sheet is accessible here.

If any member wishes to have the fact sheet co-branded, please contact us and provide a copy of the organisation’s logo, as well as the best contact details for further questions. Please feel free to distribute the fact sheet throughout your organisation and to your members.