In the News HR Changes for Businesses

Sexual harassment in the workplace

The Federal Government has introduced changes to provide greater clarity of what an employer’s role and responsibility is towards the safety of its employees as a result of the Australian Human Rights Commissions report Respect@Work. The main reform is the introduction of ‘positive duty’ in the Sex Discrimination Act 1984. Employers need to be proactive in the prevention of sexual harassment, rather than reactive.

Employers can be held responsible, along with the person who sexually harasses someone at work. To minimise the risks and to allow your business to be one of best practice and a preferred employer, businesses need to take all reasonable steps to prevent such harassment from occurring in the first instance. One way to do this is to implement a policy specifically outlining sexual harassment and to train staff on what to look out for and what each individual’s role is to mitigate sexual harassment.

The Victorian Government has also prohibited employers from using Non-Disclosure Agreements (NDA’s) in the workplace. It is expected that other states and territories will follow.

Pay secrecy

New legislation passed in December 2022 to the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 outlines that employees now have the choice of whether they choose to disclose information relating to the remuneration of other employees, both existing or future. Employees will also be able to ask other employees about their own remuneration and/or any other terms and conditions that can help determine any remuneration outcome(s). This now becomes a workplace right and is a protected attribute in terms of an employee’s employment.

Effective from 7 December 2022 employers will no longer be able to include any pay secrecy clauses and/or any other terms and conditions that relate to or identify remuneration outcomes in any new employee’s individual employment contracts or any other instruments that they rely on as part of the employment terms and conditions of their employees.

Employers do not have to replace any existing contracts, however, any privacy clauses relating to pay will no longer be enforceable and become null and void and it is in your best interests to update all existing contracts to take effect of these legislative changes. Employers found to be in breach of any of these changes can face fines and court proceedings.

Paid family and domestic violence leave

The Federal Government has made changes to the existing Family and Violence Leave. From 1 February 2023 employees of businesses with 15 or more employees (including parttime and casual employees) are entitled to 10 days of paid leave in a 12 month period. This leave will not accrue as other types of leave do and the full 10 days will be available to all employees up front. The leave will renew every 12 months on an employee's work anniversary.

For businesses with less than 15 employees this new leave entitlement is effective from 1 August 2023. Until then employees in these businesses can continue to take unpaid family and domestic violence leave. More information on this new leave type is available on the Fair Work website.

If your business needs any help in understanding any of these changes or if you need help with any other HR matter, then please contact AFDA Affiliate Member Key Business Advisors on 1300 ADVICE or email info@keyba.com.au.