Since the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 was passed by Parliament on 2 December 2022, several key aspects of the Federal Government’s reforms to the Fair Work Act 2009 (Cth) (FW Act) have already commenced. They include provisions providing for the sunsetting of pre-Fair Work Act ‘zombie agreements’ at the end of this year, the prohibition of pay secrecy clauses in new employment contracts and a prohibition of sexual harassment in the workplace.
The next raft of key changes is now rapidly approaching.
From June, provisions will commence operating that provide for increased access to multi-employer bargaining and an extension of employee eligibility to access flexible working arrangements. Employers will also be at risk of penalties for including pay secrecy clauses in new employment contracts.
In addition, employees covered by a ‘zombie agreement’ (a pre-2010 agreement) must receive notification about the sunsetting of that agreement by 6 June 2023. The notification requirements tell employees what pre-2010 agreement they are covered by, that the agreement will terminate on 7 December 2023 unless an application is made to the Fair Work Commission, and that the sunsetting provisions commenced on 7 December 2022.
To ensure you are up to date with past and upcoming changes to the FW Act, we have created the following infographic (which you can also download below) equipped with key dates and action points for you to implement in your organisation. Please reach out as Gadens is able to assist you with any queries you have in the implementation of these key changes to your workplace.
Our infographic below summarises the key changes and actions. Click on the image below to download and print the Key Dates and Actions Checklist for your use.
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Erin Lynch, Partner
Diana Diaz, Special Counsel
Teresa Zhang, Lawyer