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Workplace relations update | 16 June 2023
16 Jun 2023
Childcare Supported Bargaining Authorisation Application
The United Workers Union, Australian Education Union Victorian Branch and the Independent Education Union of Australia lodged an application with the Fair Work Commission for a supported bargaining authorisation on June 6.
The authorisation proposes to cover more than 60 employers and is the first application under the new multi-enterprise bargaining rules.
ACCI will be lodging a submission in the proceedings by August 4, which will be confined to the interpretation of the new provisions, particularly the test of whether the employers have “clearly identifiable common interests”. ACCI will not be addressing the merits of the application.
WPC Meeting — Next Tranche Changes
Members of the Workplace Policy Committee will convene to discuss the next tranche of workplace relations changes on June 19.
Members are encouraged to contact ACCI if they have not received an invitation.
Commencement of Major Fair Work Amendments
Significant amendments to the Fair Work Act 2009 commenced as a consequence of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 on June 6. These included:
- Flexible work — new obligations imposed on employers relating to requests for flexible working arrangements and dispute resolution procedures
- Unpaid parental leave — new obligations imposed on employers relating to requests for extensions of unpaid parental leave and dispute resolution procedures
- Single interest authorisations — major expansions to the single interest stream of enterprise agreements
- Supported bargaining — expansions of the low-paid bargaining stream, renamed the “supported bargaining” stream
- Cooperative workplaces — expansions of the multi-employer bargaining stream, renamed the “cooperative workplaces” stream
- Better off overall test — changes to the application of the better off overall test
- Bargaining disputes — new powers for the FWC to resolve disputes which arise during enterprise bargaining
- Enterprise agreement approvals — changes to the FWC’s satisfaction of genuine agreement, including the introduction of the Statement of Principles
- Industrial action — changes to the conduct of protected action ballots and notice requirements.
ACCI has produced a guide for members on the non-bargaining changes, which members are welcome to request. Members can still have it co-branded if they wish. ACCI’s guide to the bargaining changes will be provided in due course. In the interim, members are encouraged to utilise the guidance published by the Fair Work Ombudsman and the Department of Employment and Workplace Relations, as well as contact ACCI with any specific questions.
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