Over the last couple of years we have grown accustomed to constant change, more pressure and more obligations. We have seen changes come into effect brought on by the pandemic, a change in Government on a federal level,  and the evolving economic climate.
 
We acknowledge that this can be overwhelming, because there is so much to stay on top of while still running your day to day business. Howardco Business & HR Solutions is here to take some of that pressure from you with our HR Alerts, which will address any changes in the HR space and how it will impact you.
 
There have been two recent Bill’s passed/updated (with more to come this year) that will have an impact, namely:

• Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022
• Secure Jobs, Better Pay Bill

What does this mean for you?

Respect at work Bill:

• Positive Duty to eliminate harassment, hostile work environments and victimisation
• Compliance Powers of the AHRC (Australian Human Rights Commission)  re Positive Duty
• Inquiry Function of the AHRC re systematic unlawful discrimination
• Hostile workplace environment on the Ground of Sex
• Sex Based Harassment
• Class Actions
• Extension of time

Secure Jobs, Better Pay Bill:

• As of 6 December 2023 – employers will no longer be able to utilise fixed-term contracts exceeding two year period – some exceptions apply.
• Pay secrecy clauses in employment contracts are prohibited effective immediately. For existing contracts these clauses will no longer be binding and continued use of these clauses in new employment contracts face the risk of civil penalties.
• Expanding flexible working arrangements – as of June 6th 2023 employers face the prospect of Fair Work Commission orders that they grant flexible working requests. (The risk of the FWC getting involved would stem from an employee request being refused or ignored for more than 21 days). Employers are still entitled to refuse on reasonable business grounds.

Key Action Points:

Respect at Work Bill

• Update Anti-Discrimination, sexual harassment and victimisation policies.
• Develop robust complaint resolution procedures.
• Train leaders and board members about their obligation to proactively manage these issues in the workplace and how to respond to complaints appropriately.
• Train staff on the companies policies and procedures, let them know what is acceptable and unacceptable and how to go about making a complaint.
• Train staff to be ethical bystanders
• Investigate complaints thoroughly, with urgency and impartiality adopting a trauma informed approach
• Reassure complainant that their complaints are being taken seriously and will be believed.

• Reassure complainants and ethical bystanders that they will not face adverse consequences for making complaints.
• Offer EAP and time off to access these services.
• Undertake risk assessments – this can be done through a variety of methods such as:  anonymous workplace surveys, exit interviews, absenteeism patterns etc.

Secure Jobs, Better Pay Bill

• Review employment contracts to ensure they don’t breach the new provisions on pay secrecy.
• Review practices for dealing with flexible working arrangement requests.
• If your business utilises fixed – term contracts review your practices. As of 6 December 2023, fixed-term contracts may not exceed a period of 2 years.

For more information on how Howardco Business & HR Solutions can assist you click on the below button, or contact us at warren@howardco.com.au for any specific enquiries.