Key changes start today: Secure Jobs, Better Pay reforms which start on 6 June 2023

The landscape of employment law is yet again set to transform with the upcoming changes under the Secure Jobs, Better Pay amendments to the Fair Work Act, effective from today (6 June 2023). In this blog post, we summarise some of the significant amendments employers need to be aware of. Let’s explore these changes:

1. Significant Changes to Multi-Employer Bargaining:

   One of the notable changes is the introduction of significant alterations to multi-employer bargaining. This modification has been covered at length in our earlier posts, but we think employers should consider their IR strategies in light of this development. If your business is at risk would you rather have a seat at the table where terms of a multi deal are set or be roped into the deal later once it’s done?

2. Better Off Overall Test (BOOT) Modification:  

   The BOOT has undergone changes, impacting the assessment of enterprise agreements for approval. This modification clarifies the test must be done globally and that only actual and “reasonable foreseeable” work patterns are taken into account. New provisions also allow for the Agreement to be opened up and re-assessed if work patterns change in the future and for the FWC to amend deals if it considers they don’t pass the BOOT 😳

3. FWC’s jurisdiction (further) expanded

   The Fair Work Commission (FWC) will be granted additional powers to handle disputes relating to requests for flexible work arrangements and unpaid parental leave. See our last post for more details on the right to request changes.

4. Enhanced Intractable Bargaining Disputes Powers:

   The FWC’s new intractable bargaining disputes powers will come into effect. This provision equips the FWC with stronger tools to address and resolve complex and protracted bargaining disputes, which can end in the FWC settling the unresolved terms in dispute via a workplace determination. This new power should be factored into any forward-looking organisation’s industrial relations strategy.

5.   Changes to Industrial Action:

   Changes to industrial action regulations will be implemented. Among other changes, as part of making a PABO the FWC will now direct the bargaining representatives to attend a mediation/conference.

   With the commencement of more of the Secure Jobs, Better Pay amendments on 6 June 2023, it’s crucial for employers to stay updated and prepared. These changes are a further shift in the employment landscape, bringing forth new dynamics in bargaining, dispute resolution, and overall workplace conditions.