Navigating Australia's Evolving Employment Landscape: What HR needs to know

Industrial relations

Australian workplaces currently face a multitude of regulatory reforms. Employers and their HR teams are busy understanding and implementing changes.

Industrial Relations changes (2023) in brief:

• Limits to fixed term contracts: Only one consecutive term for similar work; No terms greater than 2-years; some exceptions available.
• Prohibiting pay secrecy: Employees can disclose (or ask others about) their remuneration and terms of employment. Penalties apply for breaches.
• Flexible work considerations & dispute requests: Formal process for considering and responding to requests, including a dispute process (commences 6 June).
• Bargaining: Employers can be forced to bargain; changes to agreement making process; changes to Better Off Overall Test (BOOT). Fair Work Commission can arbitrate.
• Public Holiday: Employers must request, not require, employees to work a public holiday and properly consider refusals. Penalties apply for breaches.
• Other potential changes lie ahead:

o  Federal wage theft regime

o  ‘Same Job, Same Pay’ principles to match wages between direct hire and labour hire workers

o  Common law definition of casual employee

o  Good faith bargaining guidelines

o  Consultation about portable entitlement schemes for insecure work

o  Expanding the Fair Work Act for the gig economy

o  Inclusion of superannuation in the NES

o  Long service leave?

While the scale of changes may feel daunting,  MinterEllison Special Counsel, Leyla Dixon says that it’s important get across the raft of changes and make a start. “The key is to do some planning and get your documentation right, and then it’s going to be achievable,” she told us at a recent Brisbane HR leaders forum.

“If you’re in Enterprise Bargaining, make sure you have you’ve got your bargaining strategy worked out before changes start on 6th June,” suggests MinterEllison Partner, Deanna McMaster.

Respect@Work

• Imposes a positive duty on employers to eliminate (as far as possible) sexual discrimination and harassment in the workplace.
• Requires a proactive, not reactive approach: identity risks, assess, implement controls, review measures.
• Expanded Australian Human Rights Commission powers to investigate and enforce.

Psychosocial health & safety

• Regulations vary between states and territories, but overall there is an increased imperative to address psychosocial risks in the workplace.
• Common psychosocial hazards include high/low job demands, low job control, poor support, poor workplace relationships, low role clarity, poor organisational justice, poor organisational change management, low recognition and reward, poor environmental conditions, remote/isolated work, exposure to violence/traumatic events, bulling, harassment, sexual harassment, working patterns (long hours, shift work, on-call work)
• Employer responsibilities include identifying and assessing risks (consultation important), identifying and implementing control measures, reviewing systems and process, monitoring and reporting.
• Officers can be personally liability for not exercising due diligence.
• Regulatory responses exist e.g. requests to see assessments/consultation details, scrutiny of workloads (inc. staffing levels), notices to produce documents, improvement notices.

“HR and WHS functions must work together to address psychosocial health and safety, gather data, manage risks and renovate board reports,” said MinterEllison Special Counsel, Leyla Dixon.

Privacy act

• Tranche 2 reforms aimed at strengthening protection of personal information and control individuals.
• Far-reaching privacy reforms are expected later this year (likely to align the Privacy Act more closely with Europe’s General Data Protection Regulation (GDPR)).
• Employees should undertake an information mapping & consider data retention requirements.

How we can help

Don't get caught off guard (or caught short-handed!) when it comes to navigating these significant regulatory changes. If you don’t have the time or the capabilities within your team, we can help.

As specialist HR recruitment and search consultants The Next Step have extensive networks of HR professionals with employee and industrial relations experience (ER/IR) and WHS specialists on-hand to support you in managing the complexities of new legislation. Available on either a permanently or short-term basis, they'll provide invaluable support during transition periods.

Seasoned consultants with expertise in industrial relations, psychosocial health and safety, and broader work health and safety can not only enhance your HR team's effectiveness but also build a stronger foundation of skills within the team.

Geraldine Doyle is The Next Step’s QLD Director. She has been supporting QLD businesses and HR professionals for 18+ years.

She focusses on long-term relationships, quality connections and exemplary service.

Please note: This article includes a general overview for information purposes. For more details please seek specific legal advice that considers your specific circumstances.