The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (the Act) has established various amendments to the relationship between employers and employees. In addition to our previous articles, an important amendment includes those that surround flexible working arrangements and the prohibition of Sexual Harassment and Discrimination in the workplace.
Flexible Working Arrangements
The Act includes a mechanism to support employees experiencing family and domestic violence to access flexible work arrangements. It will strengthen the right to request flexible working arrangements to assist eligible employees to negotiate workplace flexibilities that suit both them and their employer.
The Act provides that when an eligible employee makes a request for a flexible working arrangement, the employer will have an obligation to discuss the request with them. Employers will be required to provide the reason in writing for any decision to refuse a flexible work arrangement request and inform the employee of any alternative changes to accommodate them.
Employees will also have the ability to dispute a refusal of a flexible work arrangement, where they consider the refusal to be unreasonable. This dispute would then be considered by the Fair Work Commission (FWC) where an agreement cannot be reached between the employee and their employer at the workplace level.
This change will come into effect as of the 6th of June 2023.
Employers will need to conduct a review of their current practices for considering and responding to requests for flexible working arrangements as soon as practicable, including updating or implementing policies or procedures on flexible working arrangements to ensure they meet the criteria and timeframes set out in the Act.
Sexual Harassment and Discrimination
Several recommendations from the Respect@Work Report have been incorporated into the Act to broaden prohibition against sexual harassment in the workplace. The amendments will help to protect workers (e.g. employees, contractors, subcontractors, apprentices, students, volunteers etc.), prospective workers, third parties (e.g. clients and customers) and persons conducting or undertaking a business from sexual harassment. Under the Act, sexual harassment in the workplace is prohibited and a breach of this prohibition can result in claims and civil penalties.
The Act establishes a new dispute resolution process, which allows the FWC to broaden their powers to deal with disputes through conciliation or mediation. This will also include compensatory orders to deal with sexual harassment complaints if the parties agree to arbitration.
The new legislation will also address discrimination based on breast feeding, gender identity and intersex status extending the previous protections under the Fair Work Act 2009 (Cth).
The Act give workers a new way to deal with sexual harassment complaints and give them the choice to pursue their dispute to the FWC, the Australian Human Rights Commission or the applicable state and territory anti-discrimination processes.
These changes will come into effect as of the 6th of March 2023.
Employers will need to critically assess what steps need to be taken within their organisation in order to prevent and prohibit sexual harassment, by conducting a risk assessment on sexual harassment and discrimination in the workplace, along with having a prevention and response plan. ProcessWorx Portal/Webapp Clients will have a policy loaded to their system in the new year.
Do you have questions about how the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 will impact you?
Simply contact one of our friendly Advisors on (08) 9316 9896 or enquiries@processworx.com.au.
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