It hasn’t quite been the flurry of revolutionary legislative change that characterised the second half of the 2000s, but for those of us capable of remembering back that far, 2023 has certainly given rise to similar ‘vibes’ (as my kids would say).
For many employers, the migration away from managing COVID was replaced in 2023 with a litany of people management and compliance issues. To name but a few, over the course of this year, we’ve collectively grappled with the challenges associated with:
Managing ongoing return to work requirements.
The introduction of further changes in the Respect@Work space, including the introduction of the positive duty, and making clear that it is unlawful to subject a person to a workplace environment that is hostile on the grounds of sex.
Ensuring alignment between long service leave policies and the clarity provided in mid-December 2022 by the NSW Court of Appeal decision in
Ensuring compliance with the prohibition on pay secrecy clauses.
Changes relating to employee deductions.
Commencement of the expanded obligations with respect to flexible work arrangements.
Gender pay equity.
Changes to parental leave, including increased flexibility for employees taking unpaid parental leave.
Increases to paid family and domestic violence leave.
New restrictions on the use of fixed-term contracts.
Judicial clarification of the limits around employers requesting employees to work on public holidays.
New protections for migrant workers.
Extensive changes to enterprise bargaining, including the right for a bargaining represent to request the commencement of bargaining for a replacement agreement within 5 years following the nominal expiry date of the current agreement.
The introduction of intractable bargaining disputes and declarations, providing parties with an opportunity to bring unresolved bargaining to an end through an arbitrated outcome.
Managing notifications around the sunsetting of Zombie Agreements and the compliance work to ensure systems were ready to make the transition to the relevant modern award.
The small mountain of last-minute applications, many made by unions, to extent the life of Zombie Agreements.
2024 is shaping up to be a continuation of change with:
The inclusion of superannuation contributions as a right within the National Employment Standards.
The commenced operation of significant new provisions impacting to use of labour hire resources as a result of the ‘Same Job, Same Pay’ changes.
The process for defining and introducing Workplace Delegate Rights into modern awards, and the flow through impacts on enterprise bargaining.
The new rights and protections for Workplace Delegates individually, including meeting the employer’s reverse onus of proof.
Further compliance work to ensure that our organisations and individuals are not exposed to significant penalties and jail time following the criminalisation of ‘wage theft’.
Other anticipated “Closing Loopholes”, including changes to the definition of casual employment, regulating ‘employee-like’ arrangements and re-establishing the multi‑factorial test for determining employee vs independent contractor relationships.
While there might be a natural tendency for those charged with the responsibility of implementing and managing these changes to take a deep breath, 2024 promises to be a year of identifying and seizing the opportunities. As an early prediction, it may also be a good time to start blowing the dust of the industrial relations skillset. As one union organisation recently put it to me (in a slightly hostile and shouty tone) “The law has changed.”
In the meantime, it’s a great opportunity to reflect on all that we’ve achieved in 2023 and we’re looking forward to working with you to make the most of the opportunities 2024 will be bringing.
