Changes to Fair Work Legislation


Late last year there were changes made to the Fair Work Legislation and this impacts greatly on employers. In December 2022 the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 passed in both houses of Parliament. This act was “enacted” in the same month. Employers will find that there are changes made to a number of areas as a result of the Amendment Act: Fixed Term Contracts, Flexible Work provisions, Pay Equality, Prohibition on Pay Secrecy, Paid Family & Domestic Violence leave, Unpaid Parental Leave, Discrimination – Sexual Harassment, and Enterprise Bargaining Agreements. These changes come into effect on the following dates:

Fixed Term Contracts              6/12/23
Flexible Work provisions         6/6/23
Unpaid Parental Leave           6/6/23
Discrimination – Sexual Harassment  6/3/23
Paid Family & Domestic Violence Leave 1/2/2023 (for small business employers)

Already in effect:

Pay Equality                            7/12/22
Prohibition on Pay Secrecy     7/12/22
Enterprise Bargaining Agreements    7/12/22
Paid Family & Domestic Violence Leave 1/2/2023 (for employers with 15 or more employees)

Fair Farms – Growcom delivered a webinar to provide an overview of the changes and we are fortunate to have a copy of the slide presentation that outlines the key changes, dates and important points of note. It is available for you here. Our thanks go to Fair Farms and Growcom for making this information available.

AUSVEG, in partnership with Ai Group, produced factsheets on each of the changes. You can access them here. Our thanks go to AUSVEG and Ai Group for sharing this information.

What employers should do

It is important for employers to review your workplace policies and ensure that they are comprehensive, relevant and current. The Fair Farms team recommend that policies be implemented through education and training to ALL employees and others who may enter the workplace such as contractors. Ensure your business has up to date processes and procedures for complaints and workplace investigations handling. Monitor these policies, procedures, processes and ensure they are well documented and training of these processes is also captured. If unsure about the changes seek expert advice.

This article appears as part of the Guacamole 10 February 2023 edition.

Author: Anna Petrou
Date Published: 09/02/2023