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

by Jan 24, 2023Fair Work, Human Resources, Industrial Relations, View All

Workplace investigations are a vital part of maintaining the integrity and fairness of any organisation. When issues arise, it’s important for businesses to act quickly, ensuring that they address concerns in a transparent and lawful manner. Different types of investigations are needed for different situations, each requiring a tailored approach to ensure fair outcomes for all involved. Below are some of the most common types of workplace investigations and when they should be used.

Misconduct Investigations
Misconduct investigations are necessary when an employee breaches company policies or behaves inappropriately. This might include theft, dishonesty, substance abuse in the workplace, or breaches of confidentiality. Misconduct can also cover actions that damage the company’s reputation or relationships with clients. It’s important to act quickly when dealing with misconduct to maintain workplace standards and protect the business from potential legal liabilities.

Harassment and Bullying Investigations
Investigations into harassment and bullying are crucial when employees report or experience inappropriate behaviour. Whether the issue is sexual harassment, racial harassment, or bullying, businesses have a duty to investigate and take action. These investigations must be handled with care, ensuring that both the complainant and the accused are treated fairly, and that the process remains confidential. Addressing such issues promptly not only protects employee wellbeing but also helps to maintain a respectful workplace culture.

Discrimination Investigations
Discrimination investigations come into play when employees feel they’ve been treated unfairly due to attributes such as race, gender, age, disability, or sexual orientation. These cases can be complex and require careful handling to ensure compliance with anti-discrimination laws in Australia. A thorough investigation is essential to ensure that all claims are properly examined, protecting the organisation from legal action and fostering an inclusive workplace.

Health and Safety Investigations
When a workplace incident or a near-miss occurs, a health and safety investigation is needed. These investigations help to determine whether existing safety measures were followed and if further action is required to prevent future incidents. Compliance with workplace health and safety laws is essential in Australia, and these investigations ensure that businesses fulfil their obligations to protect their employees.

Workplace Culture Investigations
In some cases, broader concerns about workplace culture may require investigation. This can occur when there are ongoing issues affecting morale, such as repeated complaints about management or widespread dissatisfaction among staff. A culture investigation looks at systemic issues within the workplace and seeks to identify patterns that may be harming the work environment. These investigations provide valuable insights for leadership teams to implement lasting positive change.

How AHR Can Assist with Workplace Investigations
Conducting a workplace investigation requires impartiality, expertise, and a thorough understanding of Australian workplace laws. At Assurance HR (AHR), we specialise in handling workplace investigations with a high degree of professionalism and confidentiality. Whether you’re facing allegations of misconduct, bullying, discrimination, or safety breaches, AHR has the expertise to guide your organisation through the investigation process.

Our team works with you to ensure that every step of the investigation is conducted lawfully and fairly. We help gather evidence, interview witnesses, and provide detailed reports on our findings, making sure you have all the information needed to resolve the issue. By choosing AHR, you can focus on your business while we take care of the complexities involved in workplace investigations, ensuring you remain compliant and maintain a positive work environment. Let AHR be your trusted partner in managing workplace investigations with confidence and care.

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In response to the, ‘Secure Jobs, Better Pay’ Bill, amendments have been made to the Fair Work Act.  It is critical that employers understand these changes, as they will directly impact HR operations and what is required to remain compliant with workplace legislation.

The changes implemented will be introduced in a rolled-out capacity starting the 7th of December 2022 until the 6th of December 2023.

A summary of changes is outlined below:

Pay Secrecy

New legislation prevents employers from including terms of ‘pay secrecy’ within new contracts of employment and invalidates any existing pay secrecy terms within contracts. It further introduces employee rights to disclose information about remuneration internally or externally without adverse action.

Gender Equality

Breast Feeding, Gender Identity and Intersex Status have now been added to the list of protected attributes.

Flexible Working Arrangements

Circumstance to request flexible working arrangements have changed to include employees who are pregnant. Additionally, employers need to satisfy a greater criterion to refuse an employee’s request for flexible working arrangements. This will require employers to discuss requests with employees, to genuinely try to reach an agreement, and to provide a written refusal to employees with details of the reasonable business grounds warranting such.

Unpaid Parental Leave

Employers need to satisfy a similar criterion to that of Flexible Working Arrangements when refusing employee requests (as mentioned above).

Job Advertisements

Advertisements cannot include pay rates or remuneration that violates the Fair Work Act or corresponding instruments. Therefore, wages advertised should not breach the minimum wage and associated industry Awards.

Sexual Harassment

Aligning with the Respect@Work Bill 2022, amendments have been introduced that express the prohibition of sexual harassment in connection with the workplace. This will determine employers vicariously liable for sexual harassment that occurs within the workplace unless they can prove having taken all reasonable efforts to prevent it from happening.

Small Claims

On the 1st of July 2023, the small claims cap will increase from $20,000 to $100,000. This means more employees will have access to the small claims court for conflict resolution.

Enterprise Agreements

As of the 7th of December 2022, changes have been made to the process for terminating an Enterprise Agreement, with the Fair Work Commission (FWC) now having the capacity to approve the termination of an Enterprise Agreement that has passed its expiry date.

The FWC will also have increased authority to correct issues or errors within Enterprise Agreements when still within the ‘approval process’.

Zombie Agreements

All Zombie Agreements will automatically terminate as of the 6th of December 2023. Affected employees are to be notified and made aware of the opportunity to apply for extension (to be approved by the FWC) by the 7th of June 2023.

Fixed Term Contracts

The prohibition of fixed term contracts for a period greater than 2 years, with the inability to extend more than once and the requirement to provide all employees engaged in such or intending to with a ‘Fixed Term Contract Information Sheet’.

Bargaining Agreements

As of the 7th of December 2022, changes have been made to how bargaining agreements can be initiated, with employees now able to initiate by writing their employer via a bargaining representative. Additionally, the commissioner has the authority to make a ‘Bargaining Order’, even in instances where the employer has refused a request.

Expert Panel

On the 6th of March 2023, two expert panels will be introduced that focus upon maintaining and reviewing pay equity and the Care and Community Sector.

Abolition of the ABCC and ROC

Australian Building and Construction Commission (ABCC) will be abolished as of the 6th of February 2023. The National Construction Industry Forum will be established and operational from the 1st of July 2023.

The Registered Organisations Commission (ROC) will be abolished as of the 6th of June 2023, with all previous responsibilities falling on the FWC.

Other changes: Better Off Overall Tests, Bargaining Dispute process, Industrial Action, and Bargaining Streams.

If you have any concerns or would like to receive more information on the mentioned changes, do not hesitate in contacting Assurance HR Management on 1800 577 515 and one of our specialists will assist you in understanding the ongoing and upcoming legislative modifications that may affect your business.

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