Workplace relations update | 14 April 2023

Workplace Policy Committee — References Committees
ACCI’s Workplace Policy Committee has agreed to establish two new references committees to strengthen ACCI’s advocacy on workplace relations issues and to ensure greater consistency across the ACCI network. 

The WR Legal and Practical Guidance References Committee will focus on improving the coordination and distribution of legal advice and other practical guidance related to workplace relations matters across the ACCI network. This will assist in promoting consistency in guidance across the network and help identify pivotal legal matters in which the network may wish to intervene.

The WR Advocacy References Committee will focus on gathering a substantial evidence base  — such as case studies, data, and surveys — which will be used to support the policy positions determined by the Workplace Policy Committee. This will enable ACCI to be better equipped in its advocacy to government, parliamentarians, and in the media. For example, this committee will be useful in identifying the impact of recent changes to the Fair Work Act on businesses, which can then be utilised in the statutory review of the legislation.

The Terms of Reference for these committees are currently being finalised. ACCI welcomes expressions of interest from members wishing to participate in either. Please direct any enquiries or expressions of interest to Jessica Tinsley, Director of Workplace Relations at [email protected] 

Agrifood Workforce Summit – exploring workforce solutions in the food supply chain
ACCI and the National Farmers Federation are jointly hosting the Agrifood Workforce Summit on Thursday, 27 April, in Brisbane, with support from Business Chamber Queensland and sponsors BDO and Clayton Utz.  

The event will bring together politicians, policy makers and industry leaders to tackle the pressing issues facing the future of agriculture and food production in Australia. 

The summit will include a focus on workplace relations, and will be a must-attend event for those in the agrifood sector, including those in agriculture, food manufacturing and processing, transportation and logistics, distribution, retail and food service.

We are encouraging members in these sectors to attend, and to share this invitation with their members, ensuring a good mix of policy and industry representatives.

Please register if you wish to attend. There are limited speaking positions still available, so please get in touch with Jessica Tinsley, Director of Workplace Relations at [email protected] if this is of interest to you.  

Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023
The Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023 was introduced into the Federal Parliament on March 29.

The legislation proposes to:

• insert a right to superannuation in the National Employment Standards
• clarify that the Fair Work Act applies to temporary migrant workers
• provide stronger access to unpaid parental leave
• clarify the operation of workplace determinations
• amend the process for making deductions from employees’ pay
• amend the coal industry long service leave scheme

While the changes are to some degree less contentious than other workplace relations policies of the Federal Government, ACCI will be closely engaging with the legislation.

ACCI is currently finalising its submission to the Senate Education and Employment Legislation Committee, which will be circulated to members shortly.

Annual Wage Review — Copied State Awards
ACCI appeared before the Expert Panel of the Fair Work Commission conducting the Annual Wage Review 2022-23 on April 13.

The hearing was about how the Fair Work Commission should deal with copied state awards in annual wage reviews, which are instruments that replicated the terms of conditions of employees who transfer from a state government employer into the national system through privatisation.

ACCI is contending that the wage adjustments to modern award wages determined in annual wage reviews should not be automatically applied to wages in copied state awards. Instead, increases to wages in copied state awards should only be applied upon application after hearing from affected parties. ACCI previously lodged an initial submission and a submission in reply.

ACCI Fact Sheet — Rostering on Public Holidays
ACCI has produced a fact sheet regarding rostering on public holidays following a significant Federal Court decision recently handed down.

The effect of the Federal Court decision is that employers may be in breach of the Fair Work Act if they automatically roster an employee to work on a public holiday without requesting their permission first or informing them that the roster is initially provided in draft form only. This may be inconsistent with the existing practices of many employers.

The fact sheet is accessible here.

If any member wishes to have the fact sheet co-branded, please contact us and provide a copy of the organisation’s logo, as well as the best contact details for further questions. Please feel free to distribute the fact sheet throughout your organisation and to your members.

Change to cost model for Commonwealth anti-discrimination laws z
In February 2023, the Attorney-General’s Department released a consultation paper titled Review into an appropriate cost model for Commonwealth anti-discrimination laws, which sets out four alternative options for how federal courts would be able to make costs orders for all anti-discrimination laws.  

ACCI is currently preparing its submission in response to the consultation paper. Members are encouraged to provide any feedback on the following proposed cost 

Consultation on Second Tranche of Workplace Relations Changes
The Workplace Policy Committee met on April 5 to discuss ACCI’s positions on measures proposed by the government for its second tranche of workplace relations law changes, which will be introduced to Parliament in the second half of 2023. ACCI thanks the members who participated and provided feedback.

The proposed measures include:

• redefining casual employment
• implementing a “same job, same pay” policy for labour hire
• criminalising wage theft
• extending the powers of the Fair Work Commission to “employee-like” workers
• giving workers the right to challenge unfair contract terms
• introducing minimum standards for the road transport industry
• strengthening anti-discrimination laws
• introducing a national framework for labour hire regulation
• amending the Fair Entitlements Guarantee
• making further amendments to enterprise bargaining
• amending registered organisations amalgamations provisions

ACCI provided its feedback to the Department on these measures on April 6.

Annual Wage Review 2022-23 
ACCI submitted its initial submission in the Annual Wage Review 2022-23 on March 31.

While the ACTU and federal government are calling for significant increases to minimum wages and modern award wages, ACCI is contending that the Fair Work Commission should take a cautious approach, particularly in light of the potential to worsen the inflationary environment and businesses’ ongoing incapacity to absorb large labour cost increases.

ACCI thanks members who recently participated in meetings to discuss and determine ACCI’s proposed position in the review.

ACCI is currently preparing its submission in reply.