There have been some significant changes to Fair Work laws that have the potential to affect your organisation’s policies and procedures as well as employment contracts with your staff. Any delays in implementing these changes could mean you are non-compliant and placing your organisation in a vulnerable position with the Fair Work Commission.
Clearer Procedures for Negotiating Flexible Working Arrangements
Employee eligibility for flexible work has expanded to include pregnant employees and people who are experiencing domestic violence or who are supporting people experiencing domestic violence.Strict criteria have also been introduced if employers wish to refuse flexible working arrangements including the need to document:
- Why you are refusing flexible work arrangements
- The business reasons for the refusal
- What working arrangements you are prepared to offer
- How you and your employee have tried to reach an agreement
Getting this right and avoiding arbitration before the Fair Work Commission is complex. In addition, you only have 21 days to respond to an employee’s request for flexible work. So if you find yourself in this situation, we urge you to contact us promptly so we can help you work through your legal requirements.
Expansion of Anti-Discrimination Protections
Your business is already obliged to protect staff from discrimination on the basis of age, race, gender, marital status, pregnancy etc. This change to the Fair Work Act adds 3 new characteristics where your staff are protected by law from any form of discrimination – whether direct or indirect. They are:
- Breast feeding
- Gender identity
- Intersex status
If you aren’t familiar with the term Intersex status, the United Nations High Commissioner for Human Rights describes its meaning as people who “do not fit typical binary notions of male or female bodies”.
Changes you need to make:
You need to update your organisation’s policies to include these new protected characteristics. We are happy to assist you with updating and reviewing your workplace policies and procedures.
Prohibiting Sexual Harassment in the Workplace
As an employer, you will now be considered liable for any sexual harassment perpetrated by your workers, clients, suppliers etc. if the harassment occurred in connection with work. If you are found liable, you can be subject to enforcement action and penalties.
The definition of a “worker” is broad and includes:
- Employees
- Contractors or subcontractors
- An outsourced worker
- Apprentice or trainee
- A volunteer or a student gaining work experience in your organisation
Importantly, employers will not be considered liable if they can prove they took reasonable steps to prevent sexual harassment at work.
Changes you need to make:
To demonstrate you have taken all reasonable actions to prevent sexual harassment, you need to review your current policies and training on what constitutes sexual harassment in the workplace. In addition, if an employee accuses another of sexual harassment, you need to act quickly and diligently. We can help you prevent and resolve any sexual harassment disputes.
An Emphasis on Gender Equality
Gender Equality has been included as an objective of the Fair Work Act. This sets a clear expectation that the Fair Work Commission must work towards achieving greater gender equality – including greater pay equity.
Managing staff and ensuring compliance are complicated!
For specific assistance in how these changes will affect your business, please contact us on 02 8977 4002. If you would like to look up the changes for yourself, the legislation is called Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022.
These changes to the Fair Work Act are significant and need to be actioned now if you wish to remain compliant. Don’t delay. For help, get in touch with End2end Business Solutions – your friendly, practical and knowledgeable HR team.