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Workplace relations update | 26 May 2023
26 May 2023
Protecting Worker Entitlements Bill
The Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023 is currently being debated in the House of Representatives.
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.
The legislation was referred to the Senate Education and Employment Legislation Committee for an inquiry, to which ACCI made a submission recommending that several amendments be made.
ACCI has helped secure the proposal of important amendments to the legislation reflecting our submissions, which the opposition has moved, including:
- strengthening the notice requirements for the taking of flexible unpaid parental leave days; and
- constraining the ability for employees to make blanket authorisations for deductions of variable amounts, such as union fees.
Review of the Small Claims Procedure
ACCI has been provided with a consultation paper by the Department of Employment and Workplace Relations for its review of the small claims procedure.
The small claims procedure is an avenue in the courts for employees to settle disputes that are more minor and arise under the Fair Work Act 2009. It will soon undergo some changes as a consequence of the passage of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022.
The department is reviewing the effectiveness of the existing framework and potential changes.
The department has sought a written submission by ACCI by COB Wednesday, 31 May, 2023. ACCI is still seeking views from members on this issue.
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