IR Laws – What is happening?
Australia’s workplace laws have been fundamentally rewritten after the Federal Government passed significant changes to the Fair Work Act over the past two years.
The changes are highly disruptive for WA businesses and will add cost and complexity to running a business.
Many of the changes are already in play. The rest are on the way.
How CCIWA can support you
Timeline of changes
- The power to make model terms for EAs will transfer from the Minister to the FWC
(Can commence on an earlier day if fixed by Proclamation)
- Wage theft will be criminalised
(May be delayed if Voluntary Small Business Wage Compliance Code is declared on a later day)
- Employers must pay employees covered by a labour hire order the same as employees under the host business’ EA (the protected rate of pay)
- Casual employment will be defined differently with a new right of conversion
- The definition of employment will change
- The FWC will obtain powers relating to employee-like workers on digital platforms The FWC will obtain powers relating to the road transport industry
- Employees will have the right to disconnect and not respond to their employer after or outside work hours
- Workplace delegates in regulated businesses will obtain new rights
(The above measures can commence on an earlier day if fixed by Proclamation)
- Union officials will be more easily able to enter workplaces without notice for suspected underpayments
- The FWC will be able to deal with unfair contract disputes
- Changes to EA approval process, including a new Statement of Principles on Genuine Agreement
- Changes to the better off overall test (BOOT)
- New single interest and supported bargaining streams (multi-employer bargaining)
- Changes to bargaining disputes, including increased avenues for arbitration
- Changes to protected industrial action
- Changes to flexible working requests and unpaid parental leave requests
- Penalties for pay secrecy and new workplace rights for employees
- Notification to employees due for pre-reform agreements
- Fixed and maximum term contracts will be limited to two years (including extensions)
- Sunsetting of pre-reform agreements
- Inclusion of Superannuation entitlements in the NES
- More flexibility for unpaid parental leave under the NES
- Workplace determinations for EA matters
- Changes to deductions from wages
- Casuals treated the same as permanent EEs under Coal Mining LSL Scheme
- Greater protections for migrant workers
- “Same Job, Same Pay” for labour hire workers
- Criminalisation of “wage theft”
- Strengthening protections under discrimination law
- New rights for union delegates
- Franchisees will be able to bargain under the single-EA stream
- Parties will be able to exit multi-EAs to bargain for single-EAs more easily Arbitration in bargaining will be unable to provide any worse terms for employees
- The defence to prohibited sham arrangements will be more difficult to satisfy The civil penalties under the FW Act will increase fivefold
- Effect of FWO compliance notices will be clarified
- The old process for ROs withdrawing from amalgamations will return
- Changes to initiating bargaining that allow unions to commence bargaining to replace expired enterprise agreements
- Fair Work Commission (FWC) can deal with minor enterprise agreement errors
- Termination process for enterprise agreements is now more limited
- New FWC expert panels are being appointed
- Sexual harassment orders and FWC Applications available to employees
- Reverse onus of proof for sexual harassment in the workplace
- ROC/ABCC have been abolished
IR Webinars
CCIWA is here to support you as your business navigates the changes. Our FREE webinars are an essential resource to explain the new laws and key dates.
CCIWA Members enjoy exclusive access to the IR reforms webinars for free, ensuring their business remains compliant and informed on the issues that matter most. Don’t miss out on this opportunity to equip yourself with the latest IR reform knowledge and insights.
