Changes to Paid Parental Leave Scheme
Effective date : 1 July 2024
Paid Parental Leave – The rate of Parental Leave Pay usually changes on 1 July each year. The rate you get depends on when in the financial year you take your leave. You’ll get the rate that applies for the financial year of the day or days you are claiming for. This may mean you get different rates. The rate isn’t based on when your child was born or adopted. This includes paid parental leave and partner leave and will increase until 2026.
For more information visit: Services Australia – How much can you get
Available parental leave period – Previously the available parental leave period for two parents was 12 months and leave taken by one parent would reduce the period available to the other parent. Now, both parents can take up to 12 months in the first 24 months from the date of birth/placement. Further, there are no prohibitions against parents taking leave at the same time (previously, the only time this could occur was ‘concurrent leave’).
Extensions to parental leave – Previously employers could refuse on reasonable business grounds, however the recent changes require employers to genuinely try to reach agreement with an employee and respond in writing within 21 days. Both parents can also apply to extend for a further 12 months beyond the initial 12-month period. Essentially allowing both parents of a child to take up to 24 months’ unpaid parental leave.
Flexible parental leave – Previously employees were able to take 30 days of unpaid parental leave. Now, employees are able to take up to 100 days of their 12-month unpaid parental leave entitlement flexibly during the 24-month period after the
birth or placement of their child. Pregnant employees are also able to access their flexible unpaid parental leave up to 6 weeks before the expected date of birth of their child.
Right to request flexible work – Under the NES, employees may request flexible working arrangements if they have completed 12 months’ continuous service AND they are either providing care for a child of school age or younger or older children with a disability; or are pregnant. Previously employers could refuse on reasonable business grounds, however the recent changes require employers to genuinely try to reach agreement with an employee and respond in writing within 21 days.
New Fair Work Information Statement available
Effective date : 1 July 2024
There is a new Fair Work Information Statement available.
Employers have to give every new employee a copy of the Fair Work Information Statement (the FWIS) before, or as soon as possible after, they start their new job.
The FWIS provides new employees with information about their conditions of employment.
Annual and minimum wage review
Annual and minimum wage review
Change to the Fair Work Act as part of the new ‘Closing Loopholes’ laws.
Change to the Fair Work Act as part of the new ‘Closing Loopholes’ laws.
Effective date : May 2024
The Australian Government passed new workplace laws as part of its ‘Closing Loopholes’ legislation. The changes take effect at different times between December 2023 and August 2025.
Some changes affect the work the Fair Work Ombudsman do. Other changes affect the work of the Fair Work Commission.
The Fair Work Ombudsman is currently reviewing its general website information and tools and resources, and preparing updates. You can access a visual snapshot summarising the changes and listing the key start dates.
Changes include:
Right to disconnect
Criminalising wage underpayments and other issues
Casual employment changes
Labour hire changes
Independent contractor changes
Unions and registered organisations changes
Enterprise bargaining and enterprise agreement changes
Changes to travel time in the Real Estate Award
Changes to travel time in the Real Estate Award
Effective date : March 2024
The rules mean:
- employees must be paid for time spent travelling that is more than the time they normally spend travelling to their employer’s usual place of business
- this additional time is treated as time worked and the employee must be paid ordinary rates or overtime rates where applicable
- employees who are required to use their own vehicle must also be paid the applicable motor vehicle allowance.
Respect@Work
Effective date : December 2023
With the recent passing of the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022, employers will need to be doing more to proactively prevent sexual harassment and hostile workplace environments, and instead create a safe workplace culture.
While many of the changes came into effect from 13 December 2022, further changes will take effect in December 2023, which expands employees’ options to pursue claims.
Fixed Term Contracts
Effective date : December 2023
Following recent changes to the Fair Work Act, from 6 December 2023, employers will be unable to engage employees on fixed term contracts with a period of two or more years (including extensions) or on a fixed term contract with multiple extensions. There are limited exemptions that will apply.
Employers will also be required to give employees they are engaging on new fixed term contracts a Fixed Term Contract Information Statement (FTCIS). The Fixed Term Contract Information Statement is be available to download.
Independent Contractors
Effective date : November 2023
Modern Awards Review 2023-24
Effective date : October 2023
The Fair Work Commission is reviewing modern awards in relation to issues raised by the Minister through research and consultation, including the usability of some awards.
During the review, a Full Bench will consider:
- the new object of the Fair Work Act and modern awards objective regarding job security and the need to improve access to secure work across the economy
- the impact of workplace relations settings on work and care, and
- award coverage and minimum standards for the arts and culture sector.
We will also consider any proposals to make modern awards easier to use.
The proposals should be confined to the 7 most commonly used awards:
- Children’s Services Award 2010
- Clerks – Private Sector Award 2020
- Fast Food Industry Award 2010
- General Retail Industry Award 2020
- Hospitality Industry (General) Award 2020
- Restaurant Industry Award 2020
- Social, Community, Home Care and Disability Services Industry Award 2010
Paid family and domestic violence leave for small business
Effective date : August 2023
Full-time, part-time and casual employees of small business employers (employers with fewer than 15 employees) can now access 10 days of paid family and domestic violence leave in a 12-month period (it isn’t pro-rated for part-time or casual employees).
Employees of all other employers could access this leave from 1 February 2023.
All 10 days are available upfront – an employee doesn’t accrue it.
It’s a separate paid leave entitlement, like paid annual leave or paid sick and carer’s leave.
Employers must not include certain information on an employee’s pay slip about taking paid family and domestic violence leave.
New Fair Work Information Statement available
Effective date : 1 July 2023
There is a new Fair Work Information Statement available.
Employers have to give every new employee a copy of the Fair Work Information Statement (the FWIS) before, or as soon as possible after, they start their new job.
The FWIS provides new employees with information about their conditions of employment.
Annual and minimum wage review and Superannuation increase
15% Wage Increase for Ages Care Workers
New driver distraction road rules
Effective date : 31st March 2023,
There are now new rules as to how we use devices when driving. Devices now include 5 different types including wearable devices such as smart watches.
Illegal use of a mobile phone (or other device) attracts a $555 fine and four (4) demerit points.