Are you a small business owner feeling lost in the maze of industrial relations law? Don't worry, we've got your back! Let's dive into the recently passed Fair Work Legislation Amendment (Closing Loopholes) Act 2023 – a mouthful, right? This act aims to clear up the gray areas in industrial relations law, making it easier for businesses like yours to stay compliant and thrive.
Here's a quick rundown of what this act covers and how it affects you:
Criminalizing Wage Theft:
Yep, you read that right. Jail time for dodgy employers (Small business, Companies and even Trusts) who underpay their staff. The legislation is cracking down hard on "intentional wage theft," and this includes underpayment of Superannuation. So make sure you're doing the right thing by your employees if you don't want to end up spending 10 years in prison.Regulated Labour Hire Arrangements:
If you're using labour hire employees, you might need to do a BOOT (Better Off Overall Test) to ensure they're getting a fair deal. Did you know they may be entitled to be paid under your Enterprise Agreement? These changes kicked in on 15th December 2023, so it's time to get compliant.
Enhancing Delegates' Rights:
This part of the legislation is all about giving employees more say in the workplace - even if you're a small business (although there are some exclusions). It's a good idea to be proactive with policies (check with the Fair Work Commission regarding your industry specifics) and cooperate with unions to ensure your employees have a voice.
Discrimination, Adverse Reactions & Harassment:
It's now illegal (as of 15 December 2023) to discriminate on the grounds of "Family and Domestic Violence", along with adding leave provisions. So, if you haven't already, it's time to update your policies and make sure your workplace is a safe and supportive environment.
Small Business Redundancies in Insolvency Contexts:
Businesses with less than 15 employees are usually exempt from Redundancy payments. This legislation provides a safety net for employees of businesses that downsize to less than 15 employees to avoid insolvency or bankruptcy. It's good news for both businesses and employees in these tough situations.
Conciliation Conference Orders:
This provision gives employees' bargaining representatives more flexibility in who attends Conciliation Conferences. Previously ALL employee parties to the action needed to be present for the action to be protected, now it is just the representative that applied for the PABO (Protected Action Ballot Order) that needs to be there. It's a small change but could make a big difference in resolving workplace disputes.
Entry to Assist Health & Safety Reps:
Commonwealth Legislation now mirrors State. Health and Safety Reps can now request assistance in their roles from other people without a Fair Work Entry Permit. This should help to resolve workplace health issues more efficiently.
Amendments to the Asbestos Safety and Eradication Agency Act 2013:
Ohh this is a doozy but businesses will need to focus on the name change. The Asbestos Safety and Eradication Agency has now been renamed to the Asbestos and Silica Safety and Eradication Agency and therefore all legislation relating to Asbestos Safety now relates to other “Silica” products. If this industry applies to you, get on to this legislation ASAP as it came into place on December 15 2023.Industrial Manslaughter and other Work, Health and Safety Reforms:
Penalties for breaches of WHS laws have significantly increased (on average by 39%), including criminal responsibility for bodies corporate. It's more important than ever to ensure your workplace is safe and compliant.
While this might all sound a bit heavy, remember, at LDG, we're all about learning, developing, and growing. So, if you've got any questions or need help navigating these changes, don't hesitate to reach out. Together, we'll keep getting better and heading in the right direction.
