Industrial Relations Update | June 2023
The developments in the coming months include the following;
Industrial Relations Legislation before Parliament
In late March the Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023 (Cth) was introduced into Parliament. The Bill proposes several changes relating to
- temporary migrant workers,
- unpaid parental leave,
- a right to superannuation within the National Employment Standards, and
- several other changes.
Sexual Harassment Disputes
The Fair Work Commission (“FWC”) has listed its first case under its new power to deal with sexual harassment disputes. Applicants can now apply to the Commission to deal with a dispute and make anti-harassment orders.
The FWC is empowered under the legislation to deal with disputes involving alleged sexual harassment occurring from 6th March 2023. The new laws allow the commission to settle sexual harassment disputes through conciliation or arbitration.
The Commission will also be able to make compensation orders, orders to pay lost remuneration, or orders to redress loss or damage.
To minimise your risk, you have a Policy and Procedures advising employees, contractors, and suppliers, that harassment in any form with or by your employees, will not be tolerated and claims will be taken seriously.
‘Zombie’ Agreements
In our recent updates we have referred to the so called “Zombie” Agreements which were Collective Agreements and Australian Workplace Agreements. These Agreements will lapse but if you have these operating at your workplace, you are required to give each employee written notice regarding the changes before 7 June 2023. Failure to notify employees may result in significant financial penalties.
Minimum Wage Adjustment and Superannuation
Increases are expected to the Minimum Wage Adjustment to be effective from 1st July 2023. The Fair Work Commission will hand down its decision at 10am this Friday 2nd June 2023.
The Superannuation contribution will be increasing to 11% on the same date.
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 83312422) and email info@mers.com.au