2023 employment changes aim for safer, fairer work

The QNMU joined forces with unions across Australia to demand vital changes to our industrial laws. This year we will see new laws to come into effect –many promising better wages and conditions for working Australians (predominantly those employed in the federal system) including greater gender equity, safer workplaces and more secure work.

Domestic Violence leave for workers

Applies only to workers employed in the federal system.

Employees will have access to 10 days of paid family and domestic violence leave from 1 February this year, building on the five days of unpaid leave already included in the National Employment Standards.

The new leave allowances will apply to full-time, part-time, and casual employees, and will be paid at the rates workers would have earned on their rostered hours.

Leave will accrue over the course of each 12-month period, similar to personal or carer’s leave.

So what’s in store for this year?

By the time this edition of InScope goes to print it will be illegal to advertise jobs offering wage packages lower than the minimum wage (effective 6 January). There will be new laws in place that explicitly prohibit sexual harassment in the workplace (6 March) and there will be two new panels established within the Fair Work Commission focussing on pay equity and the care and community sector (6 March).

One of the most significant changes in the industrial relations space for workers in the federal system will roll out on 6 June – increased access to the multi-employer bargaining system which represents a huge change to how workers negotiate workplace agreements.

This new legislation will allow workers across multiple companies to join together and collectively negotiate new agreements, which presents better opportunities for workers to secure improved wages and conditions above standard industry awards.

The new rules will apply automatically to companies with more than 50 employees, while those with less than 20 will be exempt. Businesses in between can go either way – with employees needing to engage in a common interest test process to make a case for why their employer should be included in multi-employer bargaining.

June will also see federal changes to unpaid parental leave, strengthening parents’ right to request leave extensions and giving the Fair Work Commission the power to handle disputes. The new rules mean an employer cannot reject a request offhand and must provide reasons for refusal for writing; they will also be required to provide additional guidance around what can be considered “reasonable business grounds” for refusal.

This month also offers improvements to flexible working arrangements, with more employees in the national system – including those who are pregnant and those experiencing domestic or family violence – being able to access flexible work. Similar to the unpaid parental leave change, employers will have new obligations before they can reasonably refuse a request for flexibility.

As the year draws to a close we will welcome new federal laws that limit the use of fixed term contracts – a strategy designed to address the problem of insecure work by making it illegal to offer fixed term contracts of two years or more. There are also provisions that deal with underhand tactics employers might try to use to circumvent the new rules. Employers will now also be required to provide employees with a FWA Information Statement on Fixed Contracts which will provide prospective employees with impartial information about these the of employment arrangements; and the Fair Work Commission will also have new powers to deal with contract disputes.