On 6 December 2022, the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 became law in Australia. You may also be aware that on 12 December 2022 the Anti‑Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 became law in Australia. This legislation has made a significant change to Australia’s Industrial Relations system in a number of areas.

At a high level, changes were made in respect to the following topics, with the focus of this article to be on the first four topics:

1. Flexible work arrangements;
2. Prohibiting pay secrecy, and job advertisements in breach of the Act;
3. Prohibiting sexual harassment;
4. Paid family and domestic violence leave;
5. Fixed term contracts;
6. Enterprise agreements and enterprise bargaining;
7. Changes to the small claims process and abolition of other commissions.

Flexible work arrangements

As of 6 June 2023, the amount of eligible employees that can make a request for a flexible work arrangement expands to include employees who are: pregnant, caring for family members over 55 or are experience domestic violence. Further, employers need to undertake a more rigorous process before being able to refuse a flexible work arrangement, including considering the consequences of refusal on the employee and proposing other changes, in writing, that the employer is willing to make to accommodate the employee. The Fair Work Commission is also now empowered to deal with disputes in respect to this issue.

Prohibiting pay...

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