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Workplace relations | September 30, 2022
30 Sep 2022
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 recognises that this is a significant change that may impose a considerable burden on tens of thousands of businesses across Australia. By denying employers the ability to direct employees who have not accrued any annual leave to take unpaid leave during a shutdown, businesses will be forced to bear the costs of paying employees while no work is being performed, entirely undermining the purpose of a shutdown.
Accordingly, 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.
Respect@Work Reforms
This week, Attorney-General Mark Dreyfus introduced the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 (Bill) into the House of Representatives. The Bill implements the legislative recommendations remaining from the Respect@Work: Sexual Harassment National Inquiry Report released by the Australian Human Rights Commission (AHRC) in 2020 that were not implemented, but were being consulted on, by the previous Federal Government.
ACCI has been extensively involved in consultations with the Commonwealth about those remaining recommendations, both under the last Government and with the new Government as they have prepared this legislation. The Bill will almost certainly be referred to a Senate committee for an inquiry. Accordingly, ACCI will be making a submission advocating employers’ views on the legislation. We would appreciate member input for the formation of the positions we advance in that submission.
Workplace Relations Consultations
ACCI has recently been participating in consultation sessions with the Department, including Jobs and Skills Summit outcomes, and measures that will be included in the Government’s first tranche of workplace relations legislation, which it intends to introduce to Parliament by the end of the year.
The Workplace Policy Committee last week convened to discuss these matters. We appreciate the input of all members who attended.
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