Page 43 - Prnt21 magazine Jan-Feb 2023

Tcomply with new regulations, otherwise they could be hit with a hefty fine.
the employee does the same or
he Fair Work Act NO PAY SECRECY
(FWA) provides Employment contracts usually important provisions include a term that an employee that regulate must not disclose his/her wage or the minimum conditions of their employment to
employment standards and anyone else.
substantially similar work and there is continuity of employment which extends the term of employment for more than two years are prohibited.
• A contravention of the new provisions may result in a substantial fine for the employer. There are some exceptions. The
proposed changes do not affect casual workers.
The proposed changes will prevent employers from entering into rolling fixed term contracts.
If an employer wishes to keep
an employee for more than two years, they will have to enter into a permanent contract with no expiry.
FLEXIBLE WORK
Under the FWA, an employee can request changes to their working arrangements. This could be because they are a parent of a young child, they are a carer, have a disability, or are experiencing domestic violence. It can only be refused on reasonable business grounds.
The proposed changes are:
• The employer must discuss the request for flexible working arrangements with the employee. They must also consider what consequences a refusal of the request will have for the employee.
• The employer must genuinely try reach an agreement with the employee about arrangements that would accommodate the employee’s circumstances.
• If the request is refused, the employer must give detailed reasons for the decision.
• The FWC can determine a dispute regarding flexible working arrangements.
The proposed changes will make
it easier for employees who need to juggle responsibilities outside of work to continue working.
the rights (and obligations) of employees. Some of the amendments to the FWA and associated legislation are:
EQUAL REMUNERATION
The FWA currently empowers the Fair Work Commission (FWC) to make an order to ensure that men and women are paid equally for work of equal or comparable value. An employee, an employee organisation or the Sex Discrimination Commissioner can apply for an equal remuneration order.
The changes proposed are:
• The FWC can now make an equal remuneration order on its own initiative.
• The FWC is not to make any assumptions based on gender when considering whether to make an equal remuneration order.
• The FWC may consider comparisons between occupations and industries
to determine whether the work has traditionally been undervalued based on gender.
• The order will be considered
by an Expert Panel, comprising the president or vice president of the FWC and two other members with gender
pay equity and anti-discrimination experience.
• The changes are to address the disparity between wages paid to men and women who do similar work.
Wal Abramowicz is senior lawyer at Fox & Staniland in Gordon
NSW. He can be contacted there or by email wal@ foxandstaniland. com.au
The changes proposed are:
• An employee will have the right to disclose (or choose not to disclose) information about
their wages and any terms or conditions of their employment, including the number of hours an employee works.
• An employee will have the right to ask another person what their wage and conditions of employment are, even if they work for a different employer.
• A condition in an employment agreement requiring an employee not to disclose information
about their wages may result in a substantial fine for the employer.
• The ability to disclose wages
is a workplace right. It will be unlawful for an employer to take disciplinary action against an employee for doing so.
FIXED TERM
Contracts for a fixed term are frequently used, often for good
reason, such as a specific project
that will end on a determined date. The employer can then
end an employee’s employment without having a valid reason,
and without giving notice or payment in lieu of notice.
The changes proposed are:
• A fixed term contract where the period is greater than two years or a contract that can
Legal Issues | Employment Contracts |
Changes to the Fair Work Act
As the new IR bill is now law, lawyer Wal Abramowicz says employers need
to ensure their employment contracts and enterprise bargaining agreements
be renewed so that the employee is employed for more than two years is prohibited.
• Consecutive contracts where
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