The Federal Government has recently made amendments to the Fair Work Act 2009 (Cth) which will be relevant to many employees. These changes have been branded by the government as promoting Secure Jobs, Better Pay. Some of the key changes include:
We will discuss these changes below. It’s important to remember that there may be difference commencement dates for these changes.
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From 6 March 2023, sexual harassment in connection with the work and the workplace will be prohibited. The protection applies to:
A person or company may be liable for sexual harassment that is conducted by their employee or agent (this is known as vicarious liability). An aggrieved person, or their industrial representative, can make an application to the Fair Work Commission, and this should be made within 2 years from the date of the last instance of sexual harassment. The Commission has the power to issue a “stop sexual harassment” order, or deal with the application by arbitration by consent. If the dispute does not resolve in the Fair Work Commission, the aggrieved person can pursue civil proceedings.
From 7 December 2022, employers are prevented from taking adverse action against employees on the basis of the following attributes:
If an employee, or a future employee, experiences adverse action from an employer because of these attributes, that employee will be able to commence proceedings in the Fair Work Commission.
Fixed term contracts will be limited to a period of 2 years, and cannot be extended more than once.
This change will come into effect from 6 December 2023, and there are some exceptions:
Whilst these changes don’t take effect for some time, it is relevant now if there is a dispute concerning consecutive contracts.
This prohibition cannot be avoided by an employer by using delaying tactics to.
An employer will have to provide to an employee a Fixed Term Contract Information Statement, even if they fall within the exceptions listed above.
The Fair Work Commission, and the small claims court, will have power to determine disputes about fixed term contracts.
Whilst these changes don’t take effect for some time, it is relevant now if there is a dispute concerning consecutive contracts.
This prohibition cannot be avoided by an employer by using delaying tactics to.
An employer will have to provide to an employee a Fixed Term Contract Information Statement, even if they fall within the exceptions listed above.
The Fair Work Commission, and the small claims court, will have power to determine disputes about fixed term contracts.
From 6 June 2023, there are new requirements for how an employer will need to deal with requests by employees to extend their unpaid parental leave.
When an employee makes a request, the employer can agree to the request, or discuss and agree with the employee to a different extension period. The employer must respond within 21 days, and in writing.
There are a number of steps that an employer will have to take before they can refuse a request from an employee to extended their unpaid parental leave:
From 6 June 2023, there are new requirements for how an employer will need to deal with requests by employees to extend their unpaid parental leave.
When an employee makes a request, the employer can agree to the request, or discuss and agree with the employee to a different extension period. The employer must respond within 21 days, and in writing.
There are a number of steps that an employer will have to take before they can refuse a request from an employee to extended their unpaid parental leave:
A written response must be given by the employer within 21 days the request being made. If the employer is refusing the request, the written response must set out certain details:
The Fair Work Commission will be given the power to deal with disputes about extending unpaid parental leave.
Employees who are pregnant, or employees (or a member of their immediate family/household who is) experiencing family and domestic violence have a right to request flexible working arrangements.
This change will take effect from 6 June 2023.
There are a number of steps that an employer will have to take before they can refuse a request from an employee for a flexible working arrangement:
A written response must be given by the employer within 21 days the request being made. If the employer is refusing the request, the written response must set out certain details:
If an employer refuses a request, or doesn’t respond to the request within 21 days, the Fair Work
Commission will be able to hear and make orders about disputes about flexible working arrangement requests.
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By Emma Thomson | The Federal Government has recently made amendments to the Fair Work Act 2009 (Cth) which will be relevant to many employees....
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LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
contact us to make an appointment
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