Secure Jobs Better Pay

This report provides members with a reminder of upcoming changes introduced by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) that are due to commence operation.

Protecting Worker Entitlements Bill

On 29 March 2023, the Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023 (Cth) was introduced into Commonwealth Parliament. The Bill proposes changes relating to temporary migrant workers, unpaid parental leave, superannuation as a right within the National Employment Standards, workplace determinations, payroll deductions, casual long service leave in the black coal mining industry, and technical corrections to the Fair Work Act 2009 (Cth). The Senate Committee has also released its report, recommended that the Bill be passed, but notes proposals by the Coalition Senators to amend various parts of the Bill which adopt several aspects of Ai Group’s submissions.

Third tranche of industrial relations reform – Consultations with the Commonwealth Department of Employment and Workplace Relations (DEWR)

DEWR has commenced consultations on the third tranche of legislative amendments to be introduced in the second half of 2023. Ai Group have already attended a series of consultation sessions with DEWR over the last month. It is expected that consultation meetings will continue to be held throughout May, until the 19th.

The proposed changes relate to casual employment, same job same pay, criminalising wage theft, ‘employee-like’ forms of work, unfair contracts, the setting of minimum standards for the road transport industry, discrimination, a single national framework for labour hire regulation, the Fair Entitlements Guarantee scheme, the closing of enterprise bargaining loopholes, and demerger from registered organisations amalgamation provisions.

DEWR initially released a single high-level consultation paper on all aforementioned topics (in response to which Ai Group filed a 48-page submission) and has since released more detailed consultation papers in relation to some of the measures above. Ai Group is currently preparing a comprehensive submission in response to the more detailed consultation papers which are due by 12 May 2023.

The Annual Wage Review 2022 – 23 (AWR)

The AWR is underway before the FWC. Interested parties, including Ai Group, have filed submissions and submission in reply. Further submissions are due on 12 May 2023. The FWC will subsequently conduct proceedings before it on 17 May 2023. It is anticipated that the FWC’s decision will be issued in June.


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