Workplace relations update | 12 May 2023

Workplace Relations Reference Groups
The Workplace Policy Committee approved the establishment of two new reference groups, or “sub-committees” on March 29: a WR Advocacy Reference Group and a WR Legal and Practical Guidance Technical Reference Group.

ACCI circulated draft terms of reference for the Workplace Policy Committee’s approval and sought feedback from members.

ACCI is still seeking nominations from members for participation in each reference group. Nominations are due by COB today.

For the WR Advocacy Reference Group, ACCI would prefer representatives with experience and responsibility for advocacy, communications and/or campaigning in addition to, or instead of, technical WR Policy expertise.

For the WR Legal and Practical Guidance Technical Reference Group, representatives should have legal expertise, technical workplace relations knowledge and/or authority to engage external legal advisers.

Participation in the reference groups is not restricted to members of the Workplace Policy Committee. Members with nominations are encouraged to contact ACCI’s Director of Workplace Relations, Jessica Tinsley ([email protected]). 

Paid Parental Leave Inquiry — Small Business Survey 
As part of negotiations surrounding changes to the paid parental leave scheme made by the federal government in March, Senator David Pocock secured a commitment to a parliamentary inquiry into the role of small business employers in the administration of the Commonwealth scheme. 

This inquiry will inform policy making ahead of a second tranche of paid parental leave changes coming before the parliament later this year.

To boost ACCI’s submission to the inquiry, ACCI is looking to collect evidence to support an amendment to the paid parental leave scheme legislation which would remove the requirement for small business employers to administer the scheme directly to eligible employees – leaving it to Services Australia to administer payments to those employees directly.

Accordingly, a survey has been provided to members for wider circulation, which is due by COB Tuesday, May 16. It is accessible here.

President’s Statement: Flexible Working Arrangements and Unpaid Parental Leave Extensions

The President of the Fair Work Commission, Justice Hatcher has released a statement which discusses the implementation of forms and procedures relating to the new provisions for requests for flexible working arrangements and extensions of unpaid parental leave.

Following the passage of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 last year, these provisions will commence on June 6 and provide employees with a stronger ability to make these requests and seek the involvement of the Fair Work Commission to resolve disputes.

ACCI has produced a guide which explains these provisions and members are encouraged to contact us if they would like a copy.

President Hatcher has also announced that a Full Bench will soon commence a matter to consider the interaction between the model flexibility terms in modern awards and the new provisions concerning the resolution of disputes about refusals of requests.

Annual Wage Review 2022-23
ACCI has now submitted both its initial submission and its reply submission to the Annual Wage Review 2022-23.

ACCI will be participating in the hearings before the Expert Panel on May 17.

Workplace Relations Reforms — Consultation Papers
The Department of Employment and Workplace Relations has released four consultation papers on proposed changes to the workplace relations system which the Government will seek to introduce later this year:

1. Same Job, Same Pay;
2. Wage Theft;
3. Extending the Powers of the Fair Work Commission to Include ‘Employee-Like’ Forms of Work; and
4. Stronger Protections for Discrimination, Adverse Action and Harassment.

ACCI has held four Workplace Policy Committee meetings these consultation papers and subsequently prepared submissions, which were lodged on Friday 12 May 2023.