Get Ready - Important Upcoming Dates You Need To Know!

Overview of Important Dates

7 December 2022 - Prohibiting Pay Secrecy

6 June 2023 - Flexible Working Arrangements

1 July 2023 - Increases to Minimum Wages and the Superannuation Guarantee

1 August 2023 - Paid Family and Domestic Violence Leave

Prohibiting Pay Secrecy

From 7 December 2022, the Fair Work Act has been amended to include pay secrecy provisions.  It includes that an employee may, or may not, choose to disclose information relating to their:

• remuneration; and/or

• any terms and conditions of their employment that are reasonably necessary to determine remuneration outcomes (i.e. number of hours worked).

As at 7 December 2022, an employer will be considered to have contravened the Fair Work Act if the employer enters into an employment contract or other written agreement which includes terms that are inconsistent with employees’ new rights relating to pay secrecy.

This means that from December 2022, employers will need to ensure any and all clauses relating to pay secrecy are removed from new employment contracts, variation letters, remuneration letters, policy manuals and any other related documents.

If pay secrecy terms are included in an employment contract or other written agreement on or after this date, the term will have no effect and cannot be enforced.

Flexible Working Arrangements

From 6 June 2023, the Fair Work Act will be amended to include additional circumstances in which an employee can request flexible working arrangements.  It will include:

• employees, or a member of their immediate family or household, experiencing family and domestic violence; and

• employees who are pregnant.

From this date, employers will need to take additional steps when considering and responding to a request for flexible working arrangements (aligned with the requirements included in modern awards).

For example, employers will need to:

• discuss the request with the employee;

• genuinely trying to reach an agreement to accommodate the request;

• have regard to the consequences for the employee if the request is refused; and

• provide a written response (within 21 days) detailing the refusal based on reasonable business grounds (if any), any alternative arrangements the employer may be willing to make and information about how the Fair Work Commission can assist with disputes.

The Fair Work Commission will be able to assist employees with disputes relating to flexible working arrangements, such as if an employer doesn’t respond within the required timeframe and/or if they refuse a request.

Increases to Minimum Wages and the Superannuation Guarantee

Each 1 July, the Fair Work Commission review and increase the National Minimum Wage and minimum wages in modern awards.  The exact percentage increase and rates are yet to be announced.  Keep a look out for our legislative updates to ensure you rollout the increases across your workforce.

Another important change to keep in mind is the superannuation guarantee increase.  Effective 1 July 2023, the superannuation guarantee will increase by 0.5% bringing the total contribution an employer must make to 11%.

Paid Family and Domestic Violence Leave

Employees (including casuals) are entitled to 10 days of paid Family and Domestic Violence Leave:

• from 1 February 2023 for non-small business employers and employees; or

• from 1 August 2023 for small business employers and employees.

Employers will need to ensure that any information or evidence relating to the taking of Family and Domestic Violence Leave is treated confidentially (as far as is reasonably practical to do so).

Note from HR Business Assist

It is important that you comply with these updates and remember to apply any changes according to their date of effect.

We understand this may seem overwhelming but the team at HR Business Assist are here to guide you.

Be sure to save the date and tune in to our webinars, where we can help you understand the implications for your business!

• Minimum Wage and Super Increase Webinar - Wednesday 7 June 2023 at 9.00am.

• Paid Family and Domestic Violence Leave for Small Businesses - Wednesday 2 August 2023 at 9.00am

Other upcoming webinars:

• Performance Management Webinar - Wednesday 5 July 2023 at 9.00am.

• Restructures - September.

• Small Business Basics - October.

Alternatively, for more information, call the team at HR Business Assist on 1300 138 551.