Workplace relations update | 10 March 2023

Member Guides on Changes to Fair Work Act
ACCI has released its guide to the non-bargaining changes to the Fair Work Act following the passage of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 last November. 

It is accessible to members here. Please contact us if you would like it co-branded.

ACCI has well advanced a second guide relating to changes to multi-employer and enterprise bargaining under the Fair Work Act. A draft will be circulated to committee members for feedback shortly. 

Joint Workplace Policy Committee and Economics and Industry Committee Meeting
On Tuesday, March 14, members of the Workplace Policy and Economics and Industry Committees will be convening online to discuss ACCI’s position for the Annual Wage Review 2022-23.  

Members are encouraged to reach out if they have not received the relevant details.

New Workplace Laws
On March 6, two new changes to the Fair Work Act 2009 commenced: the prohibition of sexual harassment and related new powers for the Fair Work Commission; and the establishment of new expert panels.

The Fair Work Commission is also conducting further consultation regarding its expanded sexual harassment jurisdiction, the establishment of its new expert panels, and its subsumption of the responsibilities of the Registered Organisation Commission, including by setting up two working groups (ACCI is a member of both groups). 

Paid Parental Leave Bill
On Tuesday, the Federal Parliament passed the Paid Parental Leave Amendment (Improvements for Families and Gender Equality) Bill 2022.

The legislation will:

• increase the number of available paid parental leave days from a total of 90 to 100
• convert all paid parental leave days to flexible days meaning that there is no longer a requirement for 60 days to be used in a single continuous block
• remove aspects of the scheme which were considered to contribute to inequitable gender outcomes, such as by abolishing the entitlement to “dad and partner pay”, making the terminology used more gender neutral, and applying the income test on family rather than individual basis.

These changes will come into effect from March 26. 

Senator David Pocock negotiated, with support from ACCI, to secure a parliamentary committee review of the impact of the PPL scheme on small business. The government has flagged further changes to the PPL system in the second half of the year, and we hope that any recommendations arising from the review that help lessen the administrative burden for small business can be adopted by government has part of the second tranche. 

Draft Statement of Principles
On Friday, March 3, the President of the Fair Work Commission published a draft of the statement of principles which will guide its decisions as to whether an enterprise agreement has been “genuinely agreed” to by the employees it intends to cover.

ACCI is currently preparing our submission in response and are seeking member input by Friday, March 17.

Privacy Act Review Report
On February 16, the Attorney-General released the report of the Attorney-General’s Department’s Privacy Act Review.

ACCI is currently preparing its submission across a number of teams and welcomes any member input.

Carer Leave Inquiry Position Paper
On Friday, February 28, the Productivity Commission published its Position Paper following its inquiry into the impact of inserting an unpaid carer’s leave entitlement into the National Employment Standards.

ACCI is preparing its submission in response to the Position Paper and welcomes any member input by 5pm Wednesday, March 15.

Amendments to Fair Work Act 
ACCI, as a member of the Committee on Industrial Legislation (COIL), has examined a draft of the first tranche of proposed amendments to the Fair Work Act for 2023, under cover of a Deed of Confidentiality, and provided feedback to the Government.

The legislation will be introduced into the Federal Parliament in the next few sitting weeks, and are mostly non-contentious (technical in nature).