This article is a follow-up to our Legislation Update published on 2 March 2023 after the legislative changes under the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth), amending the Fair Work Act 2009 (Cth) (FW Act). Employers should note the date of 6 June 2023, which is a key date for the implementation of a certain number of changes under the new legislation relating to:

• Unpaid parental leave;
• Flexible working arrangements;
• 'Zombie' agreements; and
• Enterprise bargaining and multi-enterprise agreements.

Further changes relating to pay secrecy clauses and the small claims process will also be implemented shortly.

Unpaid Parental Leave
The current law provides that employees who have taken 12 months of unpaid parental leave can request their employer to agree to an extension of unpaid parental leave for a further period of up to 12 months. The employer must respond to the request:

• in writing;
• within 21 days after the request is made;
• by stating whether the request is granted or refused - it can only be refused on reasonable business grounds and must include details of the reasons for the refusal.

From 6 June 2023, the FW Act will include a new section 76A outlining the requirements and procedures for employers when responding to such requests. The Employer will only be able to refuse the request after discussing it with the employee, genuinely attempting to reach an agreement, considering the consequences, and having reasonable business grounds...

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