Government pursuing more IR changes in 2023
On the back of the Albanese Government’s Secure Jobs legislation, which passed through Parliament prior to Christmas, Workplace Relations Minister, Tony Burke, has flagged that the second tranche of IR changes will seek to insert a right to superannuation in the NES; clarify the application of Fair Work Act protections to temporary migrant workers; and, provide stronger access to unpaid parental leave so families can share work and care responsibilities.
In addition, the proposed legislation, which is expected to be introduced to Parliament by mid-year, will reportedly provide for the resumption of the four-yearly review of superannuation default fund provisions; clarify that when a workplace determination takes effect the applicable enterprise agreement no longer operates; make payroll deductions for authorised purposes (e.g. union membership fees) an easier process for workers and businesses; and ensure that casual workers in the black coal mining industry have the same access to long service leave entitlements as their permanent counterparts. Safety principles and minimum standards for long-haul drivers, stronger protections against discrimination, and further action on the dangers of silica dust will also be a feature of the proposed changes.
Minister Burke indicated the forthcoming legislation will be about “closing loopholes that can undercut the principles that we put through last year” (via the Secure Jobs legislation) confirming, “The more controversial parts of our election promises that we haven’t yet dealt with will be in the second half of the year.”
Consultations regarding the second tranche began with stakeholders in February. A raft of IR changes – some being significant – are already in effect courtesy of the original Secure Jobs legislation. Catch up with our pre-Christmas bulletin here.
New FWC powers to deal with sexual harassment
Flowing from the first tranche of Secure Jobs changes, from 6 March 2023, workers who allege they have been sexually harassed can apply to the Fair Work Commission to deal with a sexual harassment dispute.
With sexual harassment now prohibited in the workplace – essentially strengthening an employer’s existing obligation to limit exposure to sexual harassment at work – employees who believe they have been sexually harassed can seek outcomes, including compensation and penalties, via the FWC’s new dispute jurisdiction. The option to apply to the FWC for an order to stop sexual harassment remains available after having been introduced in November 2021, though compensation is not an outcome applicable within the ‘stop order’ jurisdiction.
Workers will be eligible to pursue a ‘stop order’ and a sexual harassment dispute in parallel, with the FWC having published extensive information to assist with making, or responding to, an application here.