Workplace relations update | October 14, 2022

Respect@Work changes 
Last week, the Attorney-General, the Hon Mark Dreyfus, introduced the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 into the House of Representatives. The Bill seeks to implement the remaining recommendations from the Respect@Work: Sexual Harassment National Inquiry Report released by the Australian Human Rights Commission in 2020 not implemented to date.

ACCI has been involved in consultations with the current and previous governments on these matters, and engaged members through the Workplace Policy Committee as recently as last week. The Bill has been referred to the Senate Legal and Constitutional Affairs Legislation Committee. An ACCI submission has been prepared and circulated, and is to be lodged on a very short timetable on Friday 14 October 2022.

Platform Work 
ACCI Deputy Director – Workplace Relations, Jess Tinsley is this week participating in a high-level meeting of global experts on the future of work in the platform economy, which will address the future legal status and treatment of platform or gig working, through the International Labour Organization (ILO).  This is relevant to the Albanese Government’s intention to impose employment derived or modelled regulation on some gig working, non-employment based working.  

Maritime Productivity 
ACCI is preparing a response to the Productivity Commission’s Draft Report and recommendations on lifting productivity on Australia’s ports, including a number of workplace relations matters. Members need to provide any feedback to ACCI by midday Monday 17 October. 

Shutdown provisions in modern awards
On 25 August 2022, a Full Bench of the Fair Work Commission handed down a decision that will affect the shutdown provisions in 78 modern awards: 4 yearly review of modern awards—Plain language—Shutdown provisions [2022] FWCFB 161. The introduction of the model term will mean that employers will no longer be able to direct employees to take a period of unpaid leave during a shutdown. ACCI is currently preparing a submission in response to the draft determinations published following the decision. If members are interested in participating or contributing, they are encouraged to contact us. 

Modern awards superannuation clauses review
On 28 September 2022, President of the Fair Work Commission, Justice Ross, issued a statement announcing a review of the superannuation clauses in all modern awards. The Commission held a conference on Friday 7 October 2022. Following the conference ACCI and the ACTU will address the issues raised for award superannuation clauses by the commencement of superannuation changes from November 2021, as identified here. 

Workplace relations consultations
ACCI continues to participate in consultations with the Department of Employment & Workplace Relations, on the implementation of Albanese Government’s Secure Australian Jobs policy, and the additional outcomes that came out of the Jobs and Skills Summit in September, that are to be addressed in the Government’s initial tranche of amending WR legislation  to introduce to Parliament this year. This remains a confidential process preceding announcements from Government and the introduction of amending legislation, however we encourage members to raise concerns or priorities with us at any time for ACCI to raise with Government as it seeks to implement changes in policy and regulation.