May 30, 2023
This round of changes will impact flexible working arrangements, fixed-term contracts, changes to agreement making, and more powers to the Fair Work Commission. The objectives of the Secure Jobs, Better Pay Act changes “are to promote job security, gender equality and collective bargaining, including through greater intervention by the Fair Work Commission (FWC).” (FWC 2022)
There will be an increase in who can access flexible working arrangements and stricter conditions as to what employers can deem reasonable grounds.
Employers must respond reasonably to flexible work arrangement requests from team members who are:
There will be an increased obligation on the “employer to consult, provide reasons for a refusal, and to discuss any flexible work arrangements the employer is willing to make.”
The response must be in writing within 21 days of the request, either agreeing, providing an alternative amendment, or refusing with reasons. Requests can only be refused after discussions between parties where they have tried to reach an agreement. Only for certain reasons can it be denied, such as the cost would be too high or the changes would be impractical.
The National Employment Standards provide guidance for requests for flexible work arrangements and unpaid parental leave. The FWC will receive new powers to deal with disputes in the amendment.
In an attempt to combat job instability, the government is trying to prevent the ongoing use of fixed-term contracts by introducing a cap of no more than two years (including renewals) or two consecutive contracts (whichever is shorter). As with flexible work arrangements, the FWC will have the power to deal with disputes.
There are exceptions for fixed-term contracts, including engaging an employee with a specialised skillset to complete a specific task and apprentices or trainees. It also allows for essential workers during peak periods (including seasonal workers), emergency situations, covering a permanent employee who is on leave, and if an employee is earning more than the high-income threshold. The FWC will develop a Fixed-term contract information sheet to be provided to employees.
Zombie agreements are those agreements that were made before the FW Act came into effect on 1 January 2010. Most zombie agreements no longer operate, but those still in use will be automatically terminated on 7 December 2023 unless you apply for an application to the FWC. Employers must notify anyone working under a zombie agreement about the changes before 7 June 2023. The notice must be in writing. If you need clarification, the FWC has made a list. You can find the list here.
More changes include the Abolition of the Registered Organisations Commission (ROC), with its functions moving to the Fair Work Commission, the creation of 2 expert panels at the Fair Work Commission to focus on pay equity and the care and community sector and increased access to multi-employer bargaining through single-interest bargaining, supported bargaining, cooperative bargaining.
Guides to help you uncover human resource insights, and make the right changes to improve team delight.
Amelie is our Marketing Lead and currently studying for a B.A. in Business and Visual Arts. She brings her visual arts skills and eye for colour and detail to our graphics and design for the business.
Amelie uses her skills as a digital native in our Marketing team and works across our social media channels. Amelie provides administrative support and assists the recruitment team in finding great candidates.
Sarah joins the team at Total HRM following her time in a regional real estate company, most recently in HR. She brings a solid understanding of the unique dynamics and challenges within small and medium-sized businesses.
Prior to real estate, Sarah worked in the airline industry, providing her with excellent skills in customer service and how to remain calm in a crisis.
Known for her positive energy, Sarah approaches her role with enthusiasm and a genuine desire to support and uplift those she works with. With her experience in HR and recruitment, Sarah is committed to fostering a culture of inclusivity, professional growth, and employee well-being. Her ability to connect with people and create a positive work atmosphere contributes to the overall success of teams and the business as a whole.
Ashly is one of our most experienced HR Business Partners with over 20 years of experience in manufacturing and hospitality, both local and overseas, ranging from large multinational companies to small family-owned operations. Throughout his career, Ashly regularly led teams with over 30 employees while continually growing the business and aligning business strategies with employee capabilities.
Ashly has qualifications in Applied Management and Human Resources and a strong leadership and people management background. Ashly combines his experience with his qualifications to develop great workplace cultures while delivering practical support.
As our Business Services Manager, David keeps everything that is Total HRM ticking along – from overseeing administration and finance functions, liaising with clients and suppliers, to IT troubleshooting and keeping everyone on track to deliver effective customer service to all our clients.
In a business landscape of ‘information overload’, Kim’s pragmatic approach simplifies the ever-changing HR trends and legislation to obtain meaningful and maximum benefits for her clients.
Kim is well known for her ability to understand the ‘real’ issues within businesses and to provide solutions for sustained business growth.
Kim has over 20 years of experience in human resources and 15 years of business consulting experience, and she holds post-graduate Business and Human Resource qualifications.
She has vast and varied experience in senior consulting roles across varying disciplines and HR management positions within retail, manufacturing and professional service sectors.
Linda is the Managing Director of Total HRM and has worked for over twenty five years in business and consulting, including executive and senior management roles. She has worked here and overseas in numerous industries, including mining, energy and government. Her experience in areas such as production, strategic planning, finance, OHS/WHS, and lecturing in Human Resources Management at La Trobe University provides her with a unique blend of business and HR capability.
Linda has led comprehensive organisational restructures and implemented programs to improve the effectiveness of businesses with clear alignment between individuals’ contributions and organisational outcomes. She works with various local boards and executive teams in the region. She is a Certified Professional Member of the Australian Human Resources Institute.