Industrial Relations Update | December 2023
An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday.
Changes to Fixed Term Contracts
On 6th December 2023 the Federal Parliament passed further amendments to the Fair Work Amendment (Secure Jobs, Better Pay) Bill 2022 concerning fixed term employment contracts.
A term contract has a specific end date or terminates when a specific event occurs but cannot be terminated earlier.
Employers will be prevented from renewing existing fixed term contracts when the total length of the contracts will exceed two years. However, these changes are subject to some limited exceptions.
This will result in the maximum term for a fixed term contract will be limited to 2 years. Rolling contracts that flow on from one to the next, are limited to a cumulative term of two years.
Penalties can be imposed for breaches including engaging another employee to work in the same position for a total of two years.
There are exemptions for employees who earn above the high income threshold of $167,500 per annum.
Employers should make sure that the fixed term contracts that commence on or after the 6th December 2023, should be aware of, and compliant with these changes. In addition the Fixed Term Information Statement is available at Fixed Term Contract Information Statement (fairwork.gov.au) (“FTCIS”).
Zombie Agreements
This is a final reminder to workplaces with Zombie Agreements, that is all registered Agreements both in the Federal and State jurisdiction including Australian Workplace Agreements (AWAs), registered before 2010 are now void and those workplaces revert to the relevant award (eg Pastoral Award 2020).
Members’ Industrial Relations Advice
LSA members are entitled to contact MERS for a free half hour consultation, per member per year. Our telephone number is 08 8331 2422 and email chas@mers.com.au
Recent Member Updates are included in the MERS website www.mers.com.au
We wish you and your family a Happy Christmas and a Healthy and Safe New Year.