It’s April and many of the changes to the Fair Work Act have begun, with many more due to commence in June, July and December.
Here is a list of the changes you should have made by now as well as those that are coming soon.
In January:
You will be prosecuted if you advertise a job with hourly or weekly pay rates that are lower than the minimum pay entitlement. This includes job ads that were posted before this new legislation came into force.
In February:
- New family and domestic violence leave came in for businesses with over 15 staff. Now all employees – including casual and part-time staff – can access 10 days paid family domestic violence leave. In businesses with less than 15 staff, employees can take unpaid leave at the moment but this will change to paid leave from 1 August.
- Flexible work arrangements were expanded with strict criteria introduced if employers wish to refuse flexible working arrangements. You can read more about it in this blog.
- The Australian Building and Construction Commission (ABCC) was abolished. Any ongoing legal matters have been taken over by the Fair Work Commission. Fair Work is also responsible for providing information and advice for employers or employees working in the construction industry.
In March:
- New rules prohibiting sexual harassment in the workplace were introduced. For more information, read our blog explaining the changes that have strengthened employee rights.
- Two new expert panels were set up by the Fair Work Commission to concentrate on pay equity as well as the Care and Community Sector.
In June:
- Clearer procedures for negotiating flexible working arrangements will be introduced. As a result of these changes, it’s expected more workers will be able to access flexible work.
- Changes to enterprise bargaining will be introduced. These include the introduction of supported bargaining and changes to the pre-approval process for enterprise bargaining. Learn more here.
- The ability to extend unpaid parental leave in certain situations will be introduced along with giving the Fair Work Commission power to deal with any parental leave disputes.
- The Registered Organisations Commissioner (ROC) has been abolished and moved under the umbrella of the Fair Work Commission. Registered Organisations are member-based groups such as unions and employer associations.
In July:
- Underpaid employees will be able to use the small claims process for claims up to $100,000 instead of the current $20,000 claim cap.
- To replace the ABCC, a new National Construction Industry Forum will commence with wide-ranging responsibilities for employers and workers in the building industry.
In December:
The length of fixed term contracts will be limited to 2 years and the ability to renew the contract will be restricted. Any old, fixed term contracts that exceed the 2 year limit must be replaced. In addition, the Fair Work Commission will gain powers to manage any disputes. See all the details here.
You need to prepare now
The recent and upcoming changes to Australian employment law are substantial and as a business owner, it’s difficult to keep up. But the consequences of accidentally breaching any of these new laws is serious. That’s why we offer a range of different services for our clients.
From ad hoc projects like reviewing your employment agreements and contracts, to ongoing HR service packages, we are here to assist you. To discuss the ways we can support your business, contact the team at End2end Business Solutions on 02 8977 4002.