Earlier this year, we outlined changes to Australia’s IR laws. The Government has and is implementing further changes to Australia’s employment and IR laws, that will impact employers as set out below:
• Paid family and domestic violence leave, including changes to pay slip obligations that prohibit employers stating or mentioning such leave – it must now be recorded on pay slips as 'ordinary pay'
• Reforms to paid and unpaid parental leave, allowing employees to take 100 days of their 12-month leave entitlement flexibly - employers will need to review and amend their policies and processes accordingly
• Including superannuation in the National Employment Standards, effectively providing that employees are able to sue for unpaid super payments, with heavy civil remedy provisions to apply to employers who do not pay super
• Changes to permitted deductions, although the prohibition still applies where such deductions benefit the employer in any way
Further changes are planned for the second half of 2023 that will:
• Overturn the current legal definition of a 'casual employee' as set out in the Fair Work Act 2009, (which relies on the terms of the contract) to now look for regular and systematic working of hours to determine if employees are casual, part time or full time
• Increased measures for wage theft, contractors, discrimination, general protections, and sham contracting
It is fair to say that the changes will have the potential to affect many workplaces, large and small. HR and business owners will be busy in the coming months, as the laws apply from differing dates.
If you have any questions, or are unsure of your obligations, contact Lou McPherson on 0249 529554 or lou@aelawyers.com.au or visit Fairworkhelpforemployers.com