Employment Relations -Business Improvement Update
Legislation Changes - Current and Pending Amendments In this article we provide a summary overview of the legislative changes that have been made as well as the Closing the loophole WR Bill Update. Changes that are now in place The industrial relations changes have now taken effect, as a result of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (‘Secure Jobs, Better Pay Act’), which became operative on December 6 last year. The THA ER- Business Improvement service, bulletins and webinars will continue to provide members with an overview of the changes.
• Civil penalties of up to 60 penalty units ($16,500). • Legal proceedings from Fair Work Inspectors or Unions. • Compliance notices from Fair Work Inspector’s requiring the employer to take specified action (e.g. to take the advertisement down).
2. Pay Secrecy Clauses
The Change Pay secrecy clauses restrict an employee’s ability to disclose their pay and conditions to others. The Secure Jobs, Better Pay Act made amendments to the Act which provides that: • Employees have a workplace right to ask other employees about their remuneration. • Employees have a workplace right to disclose (or not disclose) their remuneration to any other person; and • Pay secrecy clauses which are inconsistent with these workplace rights have no legal effect. Effective 7 June 2023: • Employers who enter into employment contracts or written agreements which include pay secrecy clauses or clauses which prevent an employee from exercising the above-mentioned workplace rights, may face civil penalties of up to 60 penalty units ($16,500).
The next ER Webinar will be Tuesday November 14, 2023 at 11am as per below schedule.
ER Webinar Schedule 2023-2024 • 2023 - Tue Nov 14 - 11am • 2024 - Tue Feb 27 - 11am • 2024 - Tue Apr 9 - 11am • 2024 - Tue Jul 2 - 11am (Incorporate National Wage)
• 2024 - Tue Sep 3 - 11am • 2024 - Tue Nov 12 - 11am
One legislative change that has arisen nationally and with some members is as detailed below.
THA Recommendations Employers are recommended to:
1. Prohibiting Job Advertisements from listing unlawful pay rate The Change The Secure Jobs, Better Pay Act makes it unlawful to advertise a job at a pay rate which is in breach of the Act, a modern award or an enterprise agreement. This change means it is unlawful to advertise a pay rate below the correct legal or award minimum for the position advertised. THA Recommendations Employers must ensure that their advertised jobs comply with these changes. To assist members to determine the correct pay rate for a position under an award, the THA’s Wage Guides are available on the website or by request from Merv Saltmarsh who can and does also provide advice to THA members to determine the correct pay rate for a job.
• Review their current employment contracts templates*, to ensure that they do not continue to issue versions which include a pay secrecy clause; and • Ensure that adverse action is not taken against employee’s who exercise the above-mentioned workplace rights.
*Employment Contract free contract templates from the THA do not include a pay secrecy clause.
“Closing Loopholes” WR Bill Update
The AHA CEO Stephen Ferguson provided a submission to the Department of Employment and Workplace Relations in relation to various proposed amendments to the Fair Work Act 2009 (Cth) (‘FW Act’). The submission was prepared by the National Workplace Relations team that has representatives from all states, with a particular focus on the casual
Potential Penalties or External Claims Employers who contravene this change may face:
40 Tasmanian Hospitality Review October/November Edition
Made with FlippingBook - Online catalogs