Friday, September 29, 2023

More change to come? Workplace law reforms including for ... - Lexology

We’ve had a raft of changes in the workplace relations space (see our recent article here ) and there are more changes to come it seems. The Albanese federal government released consultation papers for further reforms to workplace laws that it is considering to introduce in the second half of 2023.

There were 11 proposals for reform which the federal government sought feedback on from stakeholders. The consultation period closed on 12 May 2023.

Moores has prepared a brief overview of the proposed reforms and issues which are still to be addressed. Employers should be on notice about these potential changes..

1. Casual workers

The Fair Work Act 2009 (Cth) (FW Act) defines casual employment – a change introduced after years of uncertainty following common law decisions which applied a multi factor test. The Rossato High Court decision provided decisive authority as well in 2021.

As part of enhanced protections for casual workers, further award reforms have been introduced in recent years to provide casual employees with the right to convert to permanent arrangements.

The government is now considering introducing a legislative test to which would bolster the right of conversion including through considering how post-contractual conduct should be assessed

2. Same Job, Same Pay

In what would be a significant regulatory reform for the labour hire sector, the government is considering more protections for outsourced third party labour, or labour hire, to provide pay parity with...

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