Workplace relations update | 9 June 2023

09 Jun 2023

Commencement of Major Fair Work Amendments

On June 6, 2023, significant amendments to the Fair Work Act 2009 commenced as a consequence of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022. These included:

flexible work — new obligations imposed on employers relating to requests for flexible working arrangements and dispute resolution procedures;
unpaid parental leave — new obligations imposed on employers relating to requests for extensions of unpaid parental leave and dispute resolution procedures;
single interest authorisations — major expansions to the single interest stream of enterprise agreements;
supported bargaining — expansions of the low-paid bargaining stream, renamed the “supported bargaining” stream;
cooperative workplaces — expansions of the multi-employer bargaining stream, renamed the “cooperative workplaces” stream;
better off overall test — changes to the application of the better off overall test;
bargaining disputes — new powers for the FWC to resolve disputes which arise during enterprise bargaining;
enterprise agreement approvals — changes to the FWC’s satisfaction of genuine agreement, including the introduction of the Statement of Principles; and
industrial action — changes to the conduct of protected action ballots and notice requirements.

ACCI has produced a guide for members on the non-bargaining changes, which members are welcome to request. Members can still have it co-branded if they wish. ACCI’s guide to the bargaining changes will be provided in due course. In the interim, members are encouraged to utilise the guidance published by the Fair Work Ombudsman and the Department of Employment and Workplace Relations, as well as contact ACCI with any specific questions.

WPC Meeting — Next Tranche Changes

On June 19, 2023, members of the Workplace Policy Committee will convene to discuss the next tranche of workplace relations changes.

Members are encouraged to contact ACCI if they have not received an invitation.

Model Terms – Impact of Secure Jobs Better Pay Act

The Fair Work Commission has released a statement expressing provisional views that propose to make variations to all 122 occupational and industry modern awards.

Broadly, the commission is proposing to:

remove the model flexible work terms from all awards and replace it with a note referring to the NES provisions, given that those provisions were based on the model flexible work term and therefore the duplication is unnecessary;
where present (as it is in 111 awards), amend the model parental leave terms to include a note referring to the dispute resolution provisions in the NES, and where not present (4 awards), insert the model parental leave term with the new note; and
insert two new notes into the model dispute resolution terms in all awards which refer to the new dispute resolution procedures for both flexible work and extensions of unpaid parental leave contained in the NES.

Members with any views on these provisional views are encouraged to contact ACCI by 12PM AEST Wednesday, June 14, 2023.

Workplace relations update | 9 June 2023

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Workplace relations update | 9 June 2023

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