Welcome Back to Another HR Alert: 4 Legislative Changes To Be Across In 2024

 

1. NEW WAGE THEFT LAWS

 

By January 1, 2025, employers may be subject to fines of up to $7.8 million and a maximum of 10 years in prison for intentionally paying wages below the required amount. The upcoming law will also address instances of inadequate superannuation payments.

 

Crucially, if your business has been warned about underpayments, even if they were unintentional, failing to rectify them before the new law takes effect could be considered a deliberate violation and could lead to penalties under the new legislation.

 

Consider the following:

 

• Ensure you have mechanisms in place to determine the relevant industrial agreement for each employee.
• Verify the accuracy of employee classifications.
• Establish robust record-keeping procedures.
• Rectify any past instances of underpayment before the new law comes into force.

 

Read more about these changes here.

 

2. CASUAL WORKFORCE CHANGES

 

The Closing Loopholes Bill will maintain aspects of the current definition of a ‘casual worker,’ that is, no commitment to ongoing or indefinite employment and eligibility for casual loading. However, the Bill introduces additional criteria from August 2024 for interpreting this definition, including an examination of “the real substance, practical reality, and true nature of the employment relationship.”

 

Furthermore, it specifies that an employee cannot be classified as a casual worker if their contract specifies that their employment will end after a defined period, except in cases of seasonal work or the completion of a specific shift related to the contract.

 

This means that unless their employment status is altered or converted to permanent part-time or full-time employment, workers engaged as casuals will remain in that status. Such changes can occur through mutual agreement, the terms of an award or enterprise agreement, or a Fair Work Commission order, with no retroactive alteration of the employee’s status.

 

Potential additional changes include:

 

• Emphasising that no single factor will definitively determine casual status.
• Clarifying that a worker may be classified as casual even with a consistently regular work pattern if there is no firm advance commitment to ongoing work.
• Employers will still have the option to hire casual workers, provided they adhere closely to these amended regulations.

 

If you are unsure about whether your policies cover you, click here to schedule your complimentary 30-minute policy health check and strategy session.

 

 

3. FAMILY AND DOMESTIC VIOLENCE

 

Effective December 15, 2023, new discrimination safeguards have been enacted, making it illegal for employers to take negative actions against employees experiencing FDV.

 

These measures complement last year’s reforms to the National Employment Standards, which introduced 10 days of paid FDV leave for employees. The aim of these reforms is to diminish the stigma surrounding FDV, increase awareness, and ultimately eliminate all forms of violence and abuse.

 

Consider the following actions:

 

• Reviewing existing HR policies, contracts, and enterprise agreements to ensure compliance and foster the destigmatisation of FDV.
• Educating leaders on handling FDV matters appropriately.
• This responsibility shouldn’t solely rest with HR; all leaders should possess the skills to support staff experiencing FDV.
• Implementing consequences for non-compliance. For instance, employers may need to defend against adverse action claims and may suffer reputational damage as a result.
• Promoting awareness within the organisation about the impacts of FDV and providing accessible resources like 1800RESPECT for all employees.

 

4. GENDER EQUALITY REPORTING REQUIREMENTS

 

The Workplace Gender Equality Amendment (Closing the Gender Pay Gap) Bill 2023, passed in March 2023, amends the Workplace Gender Equality Act 2012.

 

These amendments require private sector employers and Commonwealth public sector organisations with 100 or more employees to adhere to the following:

 

• Recognise that the Workplace Gender Equality Agency (WGEA) can publicly disclose gender pay gaps for private sector employers from February 27, 2024, and for public sector organisations from late 2024 to early 2025.
• Report on employees’ age and primary workplace location, as well as the remuneration of CEOs, heads of business, and casual managers, starting April 2024.
• Mandatory reporting on sexual harassment, harassment based on sex, or discrimination.
• Employers with over 500 employees must develop specific policies and strategies for particular gender equality indicators.

 

Consider the following actions:

 

• Proactively informing your workforce beforehand.
• Addressing this issue openly and directing employees to the published data demonstrates a commitment to promoting and enhancing gender equality, even if it means acknowledging a gender pay gap.
• Transparency, when combined with accountability for addressing it, fosters trust.
• Implementing consequences for non-compliance. For instance, WGEA may publicly identify your organisation through reports shared with the government or media.
• Non-compliance could also render your organisation ineligible to compete for government contracts or secure Commonwealth grants.

 

Source: Australian HR Institute (AHRI)

 

We Are Even Better Equipped To Assist You

HOW HOWARDCO CAN SUPPORT YOU!

 

At Howardco, our mission is to collaborate closely with our clients to achieve optimal outcomes. To this end, we provide the following services:

 

• In-depth research on current and forthcoming legislative changes and proposals.
• Expert guidance on best practices.
• Customised policy review, drafting, and tailoring to suit your unique business needs.

 

Disclaimer: The information provided is for general knowledge only and does not constitute legal advice. For specific enquiries, please reach out to us.

 

We offer a FREE 30-minute consultation to go through our policy checklist. CLICK HERE to schedule your complimentary policy check-up or to discuss any specific questions you may have regarding these IR changes.