Third Tranche of Industrial Relations Amendments

Since May 2023, Ai Group has been heavily engaged in a formal consultation process implemented by the Australian Government in relation to the third tranche of legislative amendments to be introduced before the end of 2023.

The Federal Government has publicly announced the following areas of reform:

• Amendments to casual employment;
• Same job, same pay;
• Criminalising wage theft;
• Extending the powers of the Fair Work Commission (FWC) to include “employee-like” forms of work;
• Giving workers the right to challenge unfair contractual terms;
• Allowing the FWC to set minimum standards to ensure the road transport industry is safe, sustainable and viable;
• Providing stronger protections against discrimination, adverse action and harassment;
• Addressing the impact of the small business redundancy exemption in winding up scenarios to support equitable outcomes for claimants under the Fair Entitlements Guarantee;
• Reforms to strengthen enterprise bargaining and close loopholes, namely:
  • The FWC issuing model terms for enterprise agreements;
  • Preserve arrangements for employers already using single interest agreements; and
• Changes to provide new "delegates" rights and provide additional "right of entry" powers to union officials.

DEWR also released more detailed consultation papers in relation to some of the measures above, namely in respect of:

• Same job, same pay;
• Criminalising wage theft;
• Powers for the FWC to deal with employee-like forms of work, independent contractors, and the road transport industry; and
• Discrimination, adverse action and harassment.

Ai Group has filed comprehensive submissions in response to the more detailed consultation papers dealing with the topics above and will be engaged in detailed consultation with DEWR over the development of any proposed legislative reforms.

Although most of the matters discussed in the consultations with DEWR remain confidential, Ai Group has been able to publish most of the submissions it has provided to DEWR on this dedicated webpage that will continue to be updated with key developments.

Ai Group members wanting to discuss the abovementioned matters or share any views are encouraged to contact Brent Ferguson, Head of National Workplace Relations Policy at: Brent.Ferguson@aigroup.com.au.

It is expected that the third tranche of amendments will be introduced into Federal Parliament shortly, but no specific date has been announced.