The amendments form a second round of workplace relations changes following the Federal Parliament’s passing of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 in December 2022.

Though not as sweeping as Secure Jobs, Better Pay, the latest Bill affects superannuation, parental leave and temporary visa workers, with key changes including:

• Enshrines superannuation as a right within the National Employment Standards (NES)
• Expands the number of flexible parental leave days from 30 to 100 days and flexibility on how they can be taken and shared between parents.
• Provides long-service leave entitlements to casual employees in the black coal mining industry
• Clarifies the application of Fair Work Act protections to temporary visa workers
• Clarifies the interaction between enterprise agreements and workplace determinations.

The Victorian Chamber’s Workplace Relations Consultants have reviewed the changes and provide their insights below:

1. This is a time of rapid change in the industrial relations landscape and businesses need to be aware of and prepare for the introduction of changes such as those introduced by this legislation. It is easy to get change fatigue when the changes are rolling as quickly as they are at the moment – stay up to date, including by reaching out the Victorian Chamber for information and assistance
2. Superannuation has now been included as an entitlement in the National Employment Standards. This will, we understand, allow employees to raise superannuation matters but also give unions and the Fair Work Ombudsman the standing to be involved in these matters as well.
3. Parents can now take up to 20 weeks of their 12-month entitlement to unpaid parental leave and will be able to take this leave as single days (rather than fixed periods or “blocks” of time). The legislation also makes it easier for both parents to take unpaid parental leave. This includes allowing parents to take more than eight weeks of concurrent unpaid parental leave and allowing the leave to commence at any time within 24 months of the birth or adoption of a child.
4. Changes have been made to when and how deductions can be made from an employee’s pay. Currently each individual deduction needs to be separately authorised by the employee – these changes allow an employee to give an employer “standing permission” to make regular deductions from the employee’s pay. It is important to note the rules around deductions are otherwise unchanged - deductions must still be authorised in writing by the employee and must still be principally for the benefit of the employee.

For assistance on any aspect of your employment obligations, please call the Victorian Chamber Workplace Relations Advice Line on 8662 5222.