What you need to know about recent changes to workplace legislation

Information on a range of recent updates to Australian workplace law.
Australia Employment and HR

SUPERANNUATION
From 1 July 2013, the compulsory superannuation guarantee increased from 9 per cent to 9.25 per cent.

UNFAIR DISMISSAL
From 1 July 2013, employees who now earn in excess of $129,300 p.a. are barred from bringing unfair dismissal applications unless they are covered by an enterprise agreement or a modern award.

REDUNDANCY
In the 2012/2013 financial year, a genuine redundancy payment was tax-free up to a $8,806 base amount plus a $4,404 service amount multiplied by the number of years of service. For the 2013/14 Financial Year, these amounts become $9,246 and $4,624 respectively.

MINIMUM WAGE
From 1 July 2013, the national minimum wage has been increased by 2.6% to $622.20 per week or $16.37 per hour. Rates of pay under the Modern Awards will also increase as a result of this minimum wage decision.

ANTI-BULLYING
Workers who are bullied at work will, as of 1 January 2014, be able to apply to the Fair Work Commission for an order to stop the bullying. The Fair Work Commission will have powers to make a wide range of orders to prevent the bullying from continuing.

FLEXIBILITY FOR WORKING FAMILIES
There have been a number of changes introduced to the Fair Work Act concerning employees with family and caring responsibilities. These changes regarding special maternity leave, parental leave and right to flexible work commenced on 1 July 2013. Employers will need to ensure that special maternity leave taken will not reduce an employee's entitlements to unpaid parental leave. The right to request flexible working arrangements has also been extended to a number of other employee categories including employees who are parents or carers, aged over 55 years, or have a disability. Effective as of 1 January 2014, employers will need to consult with employees about the impact of changes to regular rosters or hours of work.

UNION RIGHT OF ENTRY
As of 1 January 2014, unions will be able to meet with employees in the lunch rooms of their employers to conduct interviews or hold discussions in accordance with conditions of their entry permit.

How PCS can help

We can assist you to:

  • ensure your organisation is not at risk by helping you to review your contracts to see if they allow your organisation to absorb the superannuation changes;
  • ensure procedural fairness to employees with a potential to bring an unfair dismissal claim (given it now potentially captures more employees);
  • ensure compliance in your payroll systems from a rate of pay as well as a redundancy pay perspective;
  • develop, implement, promulgate and enforce Anti-bullying and Grievance policy/ies – making your workplace one that is free of behaviours which may attract legal action and one where employees feel comfortable using internal grievance resolution processes;
  • ensure that any request for workplace and work practices' flexibility is considered and responded to as required;
  • allow unions, when they are seeking to exercise their right of entry powers, to meet with employees in a manner and in places allowed by the Fair Work Act; and
  • conduct training on any or all of the above.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More