Skip to content

‘Secure Jobs, Better Pay’ – What Employers Need to Know

The Secure Jobs, Better Pay Bill has introduced significant amendments to the Fair Work Act, impacting employers, HR managers, and workplace compliance across Australia. These changes, rolled out between 7 December 2022 and 6 December 2023, reshape employee rights, workplace obligations, and HR operations. Employers must understand these updates to remain compliant and avoid penalties.

Key Fair Work Act Amendments (2022–2023)

Pay Secrecy Laws

  • Employers can no longer include pay secrecy clauses in contracts.
  • Employees now have the right to disclose their remuneration internally or externally without adverse action.

Gender Equality Protections

  • New protected attributes include breastfeeding, gender identity, and intersex status.
  • Strengthens anti-discrimination measures in the workplace.

Flexible Working Arrangements

  • Pregnant employees are now eligible to request flexible work.
  • Employers must genuinely consult, attempt to reach agreement, and provide written reasons if refusing requests.

Unpaid Parental Leave

  • Similar consultation and refusal criteria apply as with flexible work requests.
  • Employers must provide written explanations for refusals.

Job Advertisement Compliance

  • Job ads must not include pay rates that breach minimum wage or industry Awards.
  • Ensures transparency and compliance in recruitment practices.

Sexual Harassment Provisions

  • Aligns with the Respect@Work Bill 2022.
  • Employers are vicariously liable for workplace sexual harassment unless they can prove reasonable prevention measures.

Small Claims Court Cap Increase

  • From 1 July 2023, the small claims cap rises from $20,000 to $100,000.
  • This increase broadens the scope of employee access to conflict resolution.

Enterprise Agreement Terminations

  • The Fair Work Commission (FWC) can now terminate expired enterprise agreements.
  • FWC also has authority to correct errors during the approval process.

Zombie Agreements

  • All zombie agreements will automatically terminate on December 6, 2023.
  • Employers must notify affected employees by 7 June 2023 about extension opportunities.

Fixed-Term Contract Restrictions

  • Fixed-term contracts are limited to 2 years maximum.
  • Contracts cannot be extended more than once.
  • Employers must provide a Fixed Term Contract Information Sheet.

Bargaining Agreement Changes

  • Employees can initiate bargaining by writing to their employer via a representative.
  • The commissioner can issue a Bargaining Order even if the employer refuses.

Expert Panels on Pay Equity

  • From 6 March 2023, two expert panels review pay equity and the Care & Community Sector.

Abolition of ABCC and ROC

  • ABCC abolished on 6 February 2023; replaced by the National Construction Industry Forum (operational from 1 July 2023).
  • ROC abolished on 6 June 2023; responsibilities were transferred to the FWC.

Other Changes

  • Better Off Overall Tests (BOOT)
  • Bargaining dispute processes
  • Industrial action rules
  • Bargaining streams

Why Employers Must Act

These legislative changes directly affect HR operations, recruitment, workplace culture, and compliance obligations. Employers who fail to adapt risk penalties, employee disputes, and reputational damage.

Call to Action

If you have concerns or need tailored guidance on these Fair Work Act amendments, contact Assurance HR Management at 1800 577 515. Our specialists can help you understand and implement the changes to keep your business compliant.