Workplace Relations

Changes Commencing 1 July  

 From Monday 1 July, a series of changes will occur in the workplace relations system. Employers must be aware that: 

• The national minimum wage will be $24.10 per hour or $915.90 per (38 hour) week 
• Modern award minimum wages will increase by 3.75% 
• The modern award term for delegates’ rights will commence 
• Union officials will gain a right of entry without notice to investigate suspected underpayments 
• The high-income threshold will rise to $175,000 
• The unfair dismissal compensation limit will increase to $87,500 

ACCI will produce a factsheet on the 1 July changes that will be available to all members. 

If you have any concerns or questions, please reach out to a member of the Workplace Relations Team at [email protected], [email protected] or [email protected]  

Delegates’ Rights Term 

The Fair Work Commission has published the new modern award term for delegates’ rights here. The term will apply to all 155 modern awards from 1 July. It is substantially similar to the draft term, which was published in May.  

The term outlines, in greater detail to the legislation, how a workplace delegate’s right to represent the industrial interests of eligible employees and their right to reasonable communication, access to the workplace and training leave are to occur in practice. 

ACCI successfully advocated for these changes to the draft term: 

• The Bench has clarified that the right of representation in bargaining must only occur if the delegate is appointed under section 176 of the FW Act or if they are assisting their union. 
• That right of representation is enlivened only when there are eligible employees “who wish to be represented by the workplace delegate in matters”. 
• The final term now clarifies that an employer is not required to provide reasonable access to workplace facilities if they do not have the facility, it is impractical due to operational reasons, or they do not have access to the facility at the enterprise. 

ACCI is close to finalising our employer guide on delegates’ rights, and we are incorporating the final term into the materials we will provide. 

House Inquiry into the Digital Transformation of Workplaces 

ACCI has provided its submission to the House Inquiry into the Digital Transformation of Workplaces, which will be accessible on the committee’s webpage here: Submissions – Parliament of Australia (aph.gov.au) 

Minister for Employment and Workplace Relations Tony Burke referred the inquiry to the House Standing Committee on Employment, Education, and Training. Mr Burke may use the committee’s report to justify future policy changes. 

ACCI highlighted the productivity improvements that technological change can induce and pushed back on any notion that these technologies need to be regulated against through workplace laws. 

Fixed Term Contracts 

The Governor-General has made a regulation to extend the temporary exemptions to the Fixed Term Contract Limitations, accessible here, and the Fair Work Ombudsman has released a new Fixed Term Contract Information Statement, accessible here. 

Employers must give every employee engaged in a new fixed-term contract a copy of the Fixed Term Contract Information Statement when the contract is entered into. 

The new statement reflects that the following exemptions were granted extensions until 1 November 2025: 

• Organised sport 
• High-performance sport – international event organising bodies 
• Live performance industry employees 
• Non-government funded – philanthropic entities 

The existing exemption for higher education employees has only been extended to 1 January 2025.  

 Junior Rates 

 The Fair Work Commission held a directions hearing today on an application by the Shop, Distributive and Allied Employees Association (SDA) to abolish junior rates for those aged 18 and over and increase the pay afforded to those aged below 18 in the following three awards: 

• General Retail Industry Award 2020 
• Fast Food Industry Award 2020 
• Pharmacy Industry Award 2020 

 FWC President Adam Hatcher gave the SDA four months to file their materials, and employers were given an additional four months to respond (until February 2025). 

ACCI will oppose the SDA application and is looking to consult across industries and associations to help formulate a coordinated response to the SDA’s application. 

While this specific matter only impacts these awards, the commission may set precendent that could have ramifications for all 75 modern awards that have junior rates.