IR REFORMS

Sent: Friday, 25 November 2022 10:23 AM

Subject: IR REFORMS – Need your help

Good Morning Chambers

If your Chamber has an advocacy focus, please share with your members and take this very short 3min survey to help us advocate on their behalf.

We need this survey completed by COB Monday

Here’s the LINK for the survey

IR REFORMS ON THE AGENDA

Last Thursday, 28 October, the federal Government introduced the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 (‘Bill’). The Bill proposes to amend a number of sections of the Fair Work Act 2009 (Cth) (‘FW Act’) in the following ways:

Inserting job equity principles into the FW Act;
Amending enterprise bargaining provisions to:
1. Increase access to single bargaining
2. Increase multi-employer bargaining
3. Amend the current Better Off Overall Test
Amending FW Act section 65 flexibility requests provisions to enable disputes over reasonable business grounds to be dealt with by the Fair Work Commission;
Limiting the use of fixed term contracts for the same role to a maximum of two years, or two consecutive contracts (whichever is the shorter). Note that a limited number of exemptions are proposed to apply;
Sunsetting workplace agreements that were made prior to 2010 so they automatically cease to operate 12 months after the Bill takes effect;
Prohibiting pay secrecy – to prevent employers from requiring staff to not disclose their salary;
Expressly prohibiting sexual harassment in the FW Act;
Abolishing the ABCC with the Fair Work Ombudsman to take on those functions;
Abolishing the Registered Organisations Commission with the Fair Work Commission to take on those functions;
Establishing new expert panels in the Fair Work Commission on pay equity and the care and community sector; and
Increasing the cap that an employee can claim in unpaid wages from $20,0000 to $100,000.

* This is not an exhaustive list

What Does This Mean?

The Bill proposes a number of changes to the FW Act and employers need to be across what the changes will mean for them.

At the date of this IR Alert, the Bill is still before the House of Representatives and is unlikely to be approved by both the House and Senate prior to the end of 2022. While the Bill progresses through its usual approval process, CCIQ’s Workplace Services team will prepare a detailed overview of the Bill and what it means for members.

Relevant resources, including a webinar to explain the changes, will be available shortly to assist CCIQ members to navigate the reforms.

Please note that a second tranche of IR reforms is expected to be introduced in early 2023.

Please fill out the link above in order for CCIQ to advocate and represent Qld businesses.

Best regards,

Paul