Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022: Key dates for Employers in 2023

Employment Law and Industrial Relations

Employment - Fair work legislation act

On 06 December 2022, Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (FW Act) received Royal assent. Many of the amendments in the FW Act commence in stages over the next twelve months with a few dates yet to be proclaimed.

Below is a summary of the key dates to mark in your diary:

Date

Amendment
7 Jan 2023 Job advertisements (ads) can’t include pay rates or workplace conditions that undercut employees’ minimum entitlements, irrespective of whether the add was posted prior to this date.

 

1 February 2023

non-small business employers

All employees (including part-time and casual employees) will be entitled to 10 days of paid family and domestic violence leave in each 12-month period. The entitlement is upfront.
   
6 March 2023 Positive obligation on employers to prevent sexual harassment against all workers in connection with work.

 

6 March 2023

(or an earlier date to be fixed by proclamation)

The Fair Work Commission (FWC) to establish 2 new expert panels for Pay Equity and the Care and Community Sector to hear wage-related matters and help address low wages and challenging work conditions in the care and community sectors.

 

6 June 2023 New changes to Flexible work and unpaid parental leave requests commence operation.

 

6 June 2023

(or an earlier date to be fixed by proclamation)

Operation of New Better-off Overall Test (BOOT) to be applied to any enterprise agreement made on or after commencement of the FW Act.

 

FWC to resolve intractable bargaining disputes sooner, reducing the prospect of industrial action and providing a strong incentive for parties to negotiate in good faith and reach agreements quicker.

 

Broader pre-approval requirements for enterprise agreements consistent with the “Statement of Principles” to be issued by the FWC for guidance to Employers about how they can demonstrate the agreement has been “genuinely agreed” to become operative.

 

Amendments removing barriers to the Single Interest Bargaining Stream to become operative.

 

Reforms to the existing low-paid bargaining stream, which has been renamed the supported bargaining stream to become operative.

 

7 Jun 2023 Pay secrecy terms inconsistent with section 333B can’t be included in employment contracts or other written agreements that were entered into on or after 7 December 2022 without attracting penalties.

 

Before 7 Jun 2023 Employers who have employees covered by “zombie agreements” need to let those employees know, in writing prior to 7 June 2023, that the agreement will be terminating on 7 December 2023.

 

From 1 July 2023 Increase in the monetary cap for recovering unpaid entitlements via the small claims process from $20,000 to $100,000.

 

1 August 2023

small business employers.

All employees (including part-time and casual employees) will be entitled to 10 days of paid family and domestic violence leave in a 12-month period. The entitlement is upfront.

 

6 December 2023

or an earlier date to be fixed by proclamation

Prohibition on Fixed-term contracts in certain circumstances.

Where exceptions apply and Employers engage employees on new fixed-term contracts, a Fixed Term Contract Information Statement must be provided to such Employees.

 

7 December 2023 AllZombie” agreements made before the commencement of the FW Act that are still in operation will automatically “sunset” (or terminate).

 

Missing these dates could expose the Employer to significant breaches of the Fair Work Act, attracting unnecessary penalties with significant costs. These amendments have many ripple effects on businesses, which would require businesses to strategise well in advance regarding bargaining tactics. review the nature and terms of employee engagements/contracts of service and much more.

Contact our Employment and Workplace Relations team here at MBA Lawyers to ensure a smooth transition during this phase of change to reflect the most current provisions of the FW Act in your workplace policies, practices, bargaining instruments and contracts. Call us today on 07 5651 2000.

 

Disclaimer

The information in this publication is of a general nature and is not intended to address the circumstances of any specific entity or individual. Although MBA Lawyers endeavours to provide accurate and timely information, no guarantee is provided that the information is accurate at the date it published or that it will continue to be accurate in the future.

 

 

 

 

 

 

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