June 2023 Changes in Workplace Relations Legislation are Now in Effect

MBA ACT would like to remind the members that June changes in workplace relations laws now have commenced. Members are encouraged to reach out to us if you have questions about these changes or the effect of these changes on you.

Secure Jobs Better Pay changes commenced on 6 June 2023

• Multi-Employer Bargaining
• Better Off Overall Test
• Flexible Work Request
• Unpaid Parental Leave

Other changes commenced on 9 June 2023

• Sexual assault or suspected sexual assault is a notifiable incident under the ACT Work Health and Safety legislation.
• Workers are entitled to accrue annual leave and long service leave while on workers compensation.

Multi-Employer Bargaining – employers now can be compelled to multi-employer bargaining unless you are small businesses employing less than 20 employees. If your business and your employees are covered by an enterprise agreement that is within the nominal expiry date, you will also be exempted from multi-employer bargaining.

Better Off Overall Test – the Fair Work Commission (FWC) is now allowed to amend an agreement after it’s lodged or approved if the FWC is of the view that the agreement doesn’t pass the BOOT.

Flexible Work Request – employers are required to meet with employees to discuss requests for flexible work arrangements and cannot refuse a request before discussing alternative working arrangements with employees. If the employer refuses the request, the employee can apply to the FWC to resolve the dispute.

Unpaid Parental Leave – employees now can request an extension of their unpaid parental leave for a further period of up to 12 months. Employers are required to respond within 21 days of the request being made. If the employer refuses the request, the employee now can apply to the FWC to resolve the dispute.

Sexual assault incident – PCBUs are required to notify WorkSafe ACT of all incidents and suspected incidents of sexual assault that occur in their workplace.  To report a sexual assault incident, you must use the Sexual Assault Notifiable Incident Form.

Leave and accrual – workers who are on workers compensation are entitled to take and accrue annual leave and long service leave.

If you have any questions in relation to these changes or need assistance with enterprise agreements, please contact our Workplace Relations and Legal Team on (02) 6175 5900.