Workplace relations update | 6 April 2023

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

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.

Consultation on Second Tranche of Workplace Relations Changes
On Wednesday, April 5, 2023, the Workplace Policy Committee met to discuss ACCI’s positions on measures proposed by the Government for the 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; and
• amending registered organisations amalgamations provisions.

ACCI will provide its feedback to the Department on these measures on Thursday, April 6, 2023.

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

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; and
• amend the coal 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 both in advocacy with parliamentarians and any future committee inquiry.

Members are encouraged to contact ACCI if they have any specific concerns about the legislation. The proposed changes to unpaid parental leave are particularly noteworthy and members may be aware of problems that they could cause in their respective industries.

Annual Wage Review 2022-23
On Friday, March 31, 2023, ACCI submitted its initial submission in the Annual Wage Review 2022-23.

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 to wage increases, 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.