How the workplace is changing with Fair Work transfer

The Fair Work Amendment (Secure Jobs Better Pay) Act 2022 is having responsibilities transferred, resulting in some new protections for Australian workers.

The Registered Organisations Commission will be transferring duties to the Fair Work Commission on 6 March, and while Fair Work said: “We expect the transfer of staff and functions to be seamless,” there will be some welcome changes to workplace protections throughout the year.

Some of these changes include:

• On or before 6 March: Pay equity, care, and community panels are being established
• 6 March: Workplace sexual harassment can be reported to Fair Work
• On or before 6 June: Finalisation of transfer, and amendments relating to agreement approvals, better off overall test, industrial action, and bargaining
• 6 June: Unpaid parental leave extensions and flexible work support being offered
• On or before 6 December: Fixed-term contract amendments

While the process has yet to be finalised, changes have already come into effect. Some of the Fair Work Amendment (Secure Jobs Better Pay) Act 2022 amendments passed Parliament on 2 December 2022 and received royal assent on 6 December.

On 7 December, changes were made that included:

• Job security and gender equality fall under Fair Work Act
• Anti-discrimination amendments, including breastfeeding, gender identity, and intersex
• Equal remuneration amended
• Enterprise agreement responsibilities taken on
• Pay secrecy begins
• Initiation bargaining changes
• Enterprise agreement termination changes
• Termination of “zombie agreements”, that is “an agreement made before the commencement of the Fair Work Act 2009”, according to Professionals Australia.

Other than the changes to legislation, Fair Work said there would also be changes to how documentation is lodged and processed. Details on how processes will be handled are expected to emerge closer to the date of transfer.

The general manager of the Fair Work Commission will be taking over any ongoing disputes, investigations, and inquiries.

Until the 6 March transfer has been completed, all matters should continue to be directed to the Registered Organisations Commission.

Jack Campbell

Jack is the editor at HR Leader.