Workplace relations update | 29 July 2022

28 Jul 2022

Family and Domestic Violence Leave
On Thursday July 28, 2022, the Minister for Employment and Workplace Relations Tony Burke introduced the Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 into the federal parliament. The legislation inserts 10 days of paid family and domestic violence leave into the National Employment Standards.

The legislation departs from the decision of the Fair Work Commission with respect to award-covered employees in the Family and Domestic Violence Leave Review 2021 by extending the entitlement to casual employees. Additionally, it provides the full 10-day leave entitlement upfront, rather than accruing progressively throughout the year as determined by the Fair Work Commission, following successful ACCI advocacy. The legislation also expands the definition of “family and domestic violence” to include violence or behaviour by “a member of an employee’s household” or “a current or former intimate partner of an employee”.

Importantly, the Government agreed to the proposal for an additional six month grace period for small business employers. This means that, if passed, the legislation will take effect on February 1, 2023 for most employers, but August 1, 2023 for small business employers. This is particularly important given the additional administrative burden on small businesses of granting the paid entitlement to casual employees. We anticipate further announcements of complementary measures and programs to support paid domestic violence leave prior to commencement.

Building Code
On Sunday July 24, the Minster for Employment and Workplace Relations announced substantial changes to the Building Code to take effect from Tuesday 26 July. This is a precursor to the planned abolition of the ABCC by the new government, expected as part of a major multi-topic amendment bill by the year’s end. The sudden changes to the code have created uncertainty on the role of the ABCC and the obligations of code covered entities, which the ABCC is moving to address on its website.

Productivity Commission Inquiry — Carer’s Leave
Following the Royal Commission into Aged Care, the former Treasurer requested the Productivity Commission undertake an inquiry to examine the potential impact of amending the NES to provide for a minimum statutory entitlement to extended unpaid carer’s leave for employees caring for older Australians.

The Issues Paper was recently released and ACCI is currently preparing submission in response. Submissions are due by Friday August 26, 2022. A summary of the key issues raised in the paper has been provided to the WPC. ACCI has also been invited to participate in preliminary consultation sessions with the PC regarding this matter.

Jobs and Skills Summit
The Federal Government’s Jobs and Skills Summit is scheduled for 1-2 September 2022, with enterprise bargaining and productivity shaping up as the likely focus of the workplace relations dimensions of the Summit discussions. Further information will be circulated as it becomes available.

Workplace relations update | 29 July 2022

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Workplace relations update | 29 July 2022

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