The next set of industrial relations changes under the Secure Jobs, Better Pay Act will come into effect on Tuesday, 6 June 2023. Background information can be accessed here.
Enterprise Bargaining
Sunsetting of Pre-2010 (Zombie) Agreements
Enterprise agreements certified before 2010 (and one that hasn’t been terminated or replaced by a newer agreement) will automatically terminate on 7 December 2023. If one applies to your existing employees, you are required to provide written notice to them, on or before Tuesday, 6 June 2023, advising that:
- they are covered by a zombie agreement;
- this agreement will terminate on 7 December 2023, unless an extension application is made to the Fair Work Commission (FWC);
- this termination process commenced on 7 December 2022.
More information (and a notification template) can be found here
Single-Interest Bargaining
From Tuesday, 6 June 2023, employers sharing a common interest can be required to collectively bargain for a multi-enterprise agreement covering all employees. However:
employers with under 20 employees can’t be compelled into this; those with less than 50 have additional safeguards;
- employers with under 20 employees can’t be compelled into this; those with less than 50 have additional safeguards;
- employees involved in “certain types of work in the building and construction industry” are excluded;
- employers who have agreed to bargain for a single enterprise agreement can’t be compelled into this;
- the FWC has the discretion to refuse an application where there has been a previous history of effective bargaining, and it’s been less than 9 months since the expiry of the previous agreement.
Other Changes
- initiating bargaining (employer can be compelled to start bargaining where an existing agreement has gone past its nominal expiry date in some circumstances);
- supported bargaining (lower paid industries), cooperative bargaining (voluntary multi-enterprise bargaining), intractable bargaining declarations, BOOT and approval simplification;
- pay secrecy (such clauses in employment contracts or agreements will attract penalties from June 7 2023);
- extended unpaid parental leave options;
- flexible working arrangements (employer must discuss employee requests for this and provide written reasons if refused).
Disclaimer: This brief summary is a guide only and is not legal advice. Members requiring assistance or further information on above should contact the Workplace Relations Team at [email protected] or 1300 300 031.