Summary of legislative changes

7 December 2022

• Changes in the Fair Work Act to include promoting:
  • job security
  • gender equality 
• Prohibiting Pay secrecy 
• New protected attributes under the Fair Work Act: 
  • breastfeeding
  • gender identity
  • intersex status

7 January

• Job advertisements can’t include pay rates that would breach: 
  • The Fair Work Act, or
  • a fair work instrument (such as an award or enterprise agreement)

1 February

• 10 days paid Family and Domestic Violence leave is available for all employees of businesses who employee 15 or more employees (non-small business employers)

6 March

• Prohibition of sexual harassment in the workplace now in effect under the Fair Work Act (Secure Jobs, Better Pay Act)

1 April

• Managing the Risk of Psychosocial Hazards at Work code of practice becomes enforceable

6 June

• Changes to agreement making
• Changes to extended unpaid parental leave, including giving the Fair Work Commission the power to deal with disputes 
• More employees being able to access flexible working arrangements

7 June 

• Pay secrecy terms can’t be included in employee contracts or other written agreements and from this date employers could face penalties.

1 July

• The National Minimum Wage increase comes into effect 
• Parental Leave Scheme  is changing
  • Grandparent Advisers renamed and expanded to reflect non-parent carers
  • Special exceptions to work test for family and domestic violence, serious medical condition and natural disaster.

1 August

• 10 days paid Family and Domestic Violence Leave is available for all employees of businesses who employee less than 15 employees (small business employers)

• Limiting the length of fixed term contracts, with the Fair Work Commission having powers to deal with disputes
• Requirement to give Fixed Term Contract Information Statements

1. Employers can include clauses in contracts around pay secrecy and can take adverse action

Contracts entered into before 7 December with pay secrecy terms continue to apply until the contract is changed.

1. Employers are prohibited from including pay secrecy clauses in contracts.

1. 5 days unpaid leave   
2. "Confidentiality” was considered sufficient to protect employees

1. 10 days paid leave 
2. To reduce the risk to employee safety rules apply to how information regarding the leave is gathered, held and not displayed on payslips
    

1. ^^ Flexible work arrangements

1. Eligible employees who can currently request FWA:

• parent, or have responsibility for the care, of a child who is school aged or younger
• carer’s
• those who have a disability 
• are 55 or older
• are experiencing family or domestic violence 

1. If an employee is refused flexible work arrangements there were limited options for the employee to have the decision reviewed.

1. The right to request flexible work arrangements will be expanded to include employees who:

• are pregnant
• have a member of their immediate family or household who experiences family or domestic violence

2. The Fair Work Commission has the ability to arbitrate on disputes about if the employer’s refusal is valid.

1. Minimal requirements on how employers are required to respond to a request for an extension of unpaid parental leave 
2. Parental Leave Pay is 90 days or 18 weeks
    

1. The Fair Work Commission has the ability to arbitrate on disputes about if the employer’s refusal is valid.
2. Parental Leave Pay will increase by 2 weeks to 100 days or 20 weeks.
    

1. Currently there are no prohibitions of this nature under the Fair Work Act 2009

1. Include protections for workers, prospective workers and persons conducting or undertaking a business from sexual harassment in the workplace. 
2. Psychosocial hazards are anything at work that may cause psychological harm.

Workplace Relations Support 
Workplace Relations Support assist members and subscribers understand their responsibilities and obligations with legislative change. You can contact us via phone (07) 3872 2222 and email support workplacerelations@amaq.com.au.