Workplace relations update | 8 July 2022

Secure Australian Jobs Plan

ACCI has begun consulting with the newly elected government on the planned implementation of various aspects of their Secure Australian Jobs Plan.As has been reported publicly, the introduction of 10 days paid family and domestic violence leave into the NES will be the first priority in workplace relations for the new government. Additionally, Minister Burke has noted that he hopes that he can introduce legislation relating to the regulation of gig work before the end of the year. Other early priorities are likely to include implementing the remaining recommendations of the Respect@Work report.

ACCI remains ready to engage with the government to promote employers’ interests and minimise any adverse impact that new policies in workplace relations may have on Australian businesses.

Workplace Relations Working Groups

In the recent Workplace Policy Committee meeting, it was resolved that the ACCI network would form smaller working groups on specific workplace relations policies that require greater collaboration. Those working groups will begin to convene in coming weeks and we encourage any further members to reach out if they wish to participate in them.

Family and domestic violence leave in the NES

The government has reiterated that adding 10 days paid domestic violence leave to the national employee standards (NES) in the Fair Work Act will be one of its earliest legislative priorities after Parliament commences on July 26. ACCI is focussed on considerations raised by codifying the recent Fair Work Commission decision awarding 10 days paid leave into the Fair Work Act.

ACCI will work with government, unions and other peak employers on the implementation of any changes to the NES prior to their introduction.

Statutory Review of Casual Employment Legislation 

The Attorney-General’s Department has commenced its scheduled review of the changes made to casual employment, including casual conversion rules and the statutory test, in the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 (Cth). Section 4 of the Act requires a review of the casual employment changes to occur as practicable 12 months after commencement.

ACCI has participated in recent consultation sessions in this review, along with other members of our network. We strongly encourage members to participate in the review where possible, particularly to emphasise to the commonwealth that the existing casual employment arrangements are working effectively, remain a significant improvement to the prior framework that should not be undone. Please visit the site for the review here.

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 for the inquiry is due to be released shortly and ACCI intends to make a submission in response.

ACCI has also been invited to participate in preliminary consultation sessions with the PC regarding this matter.