The Secure Jobs, Better Pay Bill (Bill) passed both Houses of Parliament and received Royal Assent in early December 2022.

The Bill amends the Fair Work Act 2009 (Cth) (FW Act) to make changes across a wide range of areas including:

• prohibiting sexual harassment in connection with work and introducing a sexual harassment dispute resolution process;

• amendments to bargaining dispute provisions, including the introduction of intractable bargaining declarations and changes to workplace determinations;

• industrial action changes including in relation to protected industrial action;

• changes to enterprise agreement termination;

• simplifying the initiation of bargaining;

• abolishing the ROC and ABCC;

• sunsetting zombie agreements;

• introducing expert panels;

• changes to the enterprise agreement approval process and streamlining the ‘better off overall test’;

• significant changes to multi-employer bargaining;

• prohibiting pay secrecy clauses in employment contracts and requiring advertising to reflect accurate and lawful pay;

• changing the objects of the FW Act and increasing the small claims jurisdiction to $100,000;

• introducing a right to make flexible working requests and an associated dispute resolution process; and

• prohibiting fixed term employment contracts unless certain exceptions apply.

Sladen Legal has developed an overview of the key changes to the FW Act, including information about the timing of commencement of the changes. Sladen Legal’s summary of the key changes and timing can be accessed at the link below.

Jasmine O'Brien
Principal
M +61 401 926 108 | T +61 3 9611 0149
E: jobrien@sladen.com.au                                                                                                            

Katherine Dennis
Principal Lawyer
M +61 407 013 010 | T +61 3 9611 0151
E: kdennis@sladen.com.au

Stephan Hill 
Lawyer
T +61 9611 0165
E shill@sladen.com.au