Littler Global Guide - Australia - Q4 2022

Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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New Paid Family and Domestic Violence Leave

New Legislation Enacted

Authors: Naomi Seddon, Shareholder, and Xi (Grace) Yang, Of Counsel – Littler

Newly enacted Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 replaces the current entitlement in the National Employment Standards to five days of unpaid family and domestic violence leave in a 12-month period with an entitlement to ten days of paid leave for full-time, part-time, and casual employees.

The full leave entitlement will be available upfront and will not accumulate year to year if it is not used within the 12-month period. The leave will commence from: February 1, 2023, for employees of businesses with 15 or more employees, and August 1, 2023, for employees of businesses with less than 15 employees.

Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 Becomes Law

New Legislation Enacted

Authors: Naomi Seddon, Shareholder, and Xi (Grace) Yang, Of Counsel – Littler

The Australian Government has passed the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, introducing numerous important changes, some of which are highlighted below.

First, it prohibits engaging employees on fixed term contracts spanning a period of two or more years (inclusive of extensions) or that may be extended more than once. It also introduced new enterprise bargaining terms. Additionally, it imposes prohibitions on pay secrecy terms in contracts of employment and creates new workplace rights allowing employees to discuss and disclose their remuneration and employment conditions and to not make a disclosure (including when asked by their co-workers). Further, it introduced a broad prohibition against sexual harassment in connection with work, which applies broadly to protect workers, prospective workers and persons conducting businesses or undertakings (including, for example, employees, trainees, apprentices, contractors and volunteers) and extends the protections against discrimination for breast feeding, gender identity and intersex status.

Moreover, it strengthens the right to request flexible working arrangements to assist eligible employees to negotiate workplace flexibilities, including implementing important mechanisms to support employees experiencing family and domestic violence and pregnant employees to access flexible work arrangements.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.