In response to the industrial relations changes, Business NSW and Australian Business Lawyers and Advisors - together with the Australian Chamber of Commerce and Industry - will be providing businesses with a step-by-step guide through the new laws and what these changes actually mean for business and employers.
Ensure you are ahead of the game in understanding and adapting to the recent changes to our workplace relations law landscape.
The Workshop Materials available for download include:
Slide Deck
Slide Deck Notes
Key Commencements Dates
This workshop covers:
the introduction of the new right to disconnect
engaging casual workers and the new rules about who can be a casual and new obligations to covert casual employees to permanent employment
the new definition of who is an ‘employee’ (as opposed to a contractor) and the new ability for independent contractors to dispute unfair contract terms in the Fair Work Commission
changes to union right of entry rules and the granting of new right to workplace delegates
the new ‘same job same pay’ labour hire regulation
small business redundancy exemption changes
significant changes to the Fair Work Act's compliance and enforcement framework, including the introduction of a new criminal offence for 'wage and superannuation theft'
new standards for road transport and gig workers
enterprise bargaining changes
Under the Closing Loopholes changes a definition of “employee” and “employer” for the first time has been inserted into the Fair Work Act. This new definition will apply from 26 August 2024.
The Independent Contractor Assessment document has been prepared to assist you with the process of assessing whether someone is an employee or contractor by taking you through a broad ranging set of factors and considerations.
Employers who utilise any independent contractors in their business should therefore consider reviewing their current arrangements to assess the likelihood that any contractors they engage may be considered ‘employees’ under the new definition from 26 August 2024.
A Closing Loopholes Preparation Checklist has been developed highlighting the key upcoming changes and action items for consideration by your business.
Business NSW has developed a checklist and template letters to assist employers in meeting their new obligations under the Fair Work Act 2009 (Cth).
Under the FWA certain employees have a right to formally request flexible work arrangements.
It is critical that employers comply with their new legal obligations under the FWA, in order to prevent employees from bringing claims and orders being issued by the Fair Work Commission forcing employers to accommodate flexible working arrangement requests.
The Casual Employment Handbook has been developed off the back of feedback from the PET sessions, in order to give additional assistance to employers and HR staff in navigating the casual changes.
The Handbook breaks down what employers will need to do at each stage of a casual employees life cycle under the closing loopholes changes at: recruitment, induction, during their employment, and ‘employee choice’ request to convert. It includes checklists and template letters at the various stages, which employers/HR can use to make sure they are compliant. Additionally, we’ve included a section addressing common questions, particularly focusing on the issues raised to date in some PET sessions around when employers need to provide the information statement to casuals who are employed on a more ad hoc or seasonal basis.
These publications have been funded by the Australian Government Department of Employment and Workplace Relations through the Productivity, Education and Training Fund grant program.
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