The Federal Government recently introduced the Secure Jobs, Better Pay Bill 2022 (Cth) (Bill) into Parliament, which proposes to amend the Fair Work Act 2009 (Cth) (Act) and the operation of the Fair Work Commission (FWC).
If the Bill passes through Parliament, it would result in a large number of changes being made to the Act, including the following:
Introduce gender equity and job security as new objectives of the Act;
Introduce equal remuneration principles into the Act;
Prohibit sexual harassment in connection with work;
Restrict the use of fixed and maximum term employment contracts;
Give employees the right to disclose, or not disclose, their remuneration and certain other remuneration-related terms and conditions of their employment to any person, and invalidate any contractual provisions (often called pay secrecy clauses) that infringe on that right;
Require employers to take additional steps upon receipt of requests for flexible work arrangements under section 65 of the Act and empower the FWC to arbitrate disputes over such requests;
Make it more difficult to unilaterally terminate expired enterprise agreements;
Terminate 'zombie agreements' and enterprise agreements made during the bridging period (1 July 2009 to 31 December 2009) 12 months after the amendments commence;
Make it easier for employees to force employers to bargain for replacement enterprise agreements;
Introduce new and re-branded categories of ...
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