In case you missed it, the Federal Government has started rolling out its first wave of changes to workplace laws—with the rest to follow throughout 2023.
Not only is the Fair Work Legislation Amendment making changes to its existing laws, but it’s also introducing a new range of workplace regulations. If you have employees within your business and you’re yet to get across these changes, we’re here for you.
Want to learn more about the changes to workplace laws? Grab a cup of tea and strap in because we’re talking about all things pay secrecy, gender equality measures and flexible work arrangements!
Pay secrecy
Often a taboo topic of conversation, employees now have the right to share or not share information about their employment terms and conditions. Not only do they have the legal right to discuss their terms with others (including other employees with the same or a different employer), but they’re also able to choose not to disclose such information should they want to.
If you’re an employer and currently have a pay secrecy clause in your employee agreements, there is a transitional arrangement for existing contracts with a final date of 7 June 2023.
Where your employee has entered a new contract after 7 December 2022, we highly recommend you review the employment agreement as the new pay secrecy terms are still in effect—even under the transitional arrangement. Essentially, make sure you’re reviewing your employment agreements before mid-June!
Gender equality measures and small claims process
There has been an abundance of changes to gender equality measures, which will continue throughout the year including:
- New protected attributes regarding breastfeeding, gender identity and intersex status, which prohibit employers from taking adverse action due to these attributes
- A person or company will also be liable for sexual harassment committed by an employee or agent in connection with work.
- Changes as to how an employer needs to respond to requests for an extension of unpaid parental leave
- The monetary cap for recovering unpaid entitlements via the small claims process will increase from $20,000 to $100,000.
Flexible work
Certain employees aged over 55 and parents or carers of a child who is under school age had the ability to request flexible working arrangements from their employer. However, this has now extended to employees who are pregnant and employees (or a member of their immediate family or household) who are experiencing family and domestic violence.
For employers, you will have new obligations before refusing your employee’s request for flexible working such as:
- Discussing the request with the employee.
- Making a genuine effort to find arrangements to accommodate the circumstances.
- Consider the consequences for the employee if the request is to be refused.
- Provide a written response with an explanation of the reasonable business grounds should the request be refused.
If you’d like more information, please get in touch with our friendly team here.