Australia Secure Jobs, Better Pay
Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022
Australia
AU-PAY-SECRECY-BAN-2022
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 significantly reforms Australia's industrial relations, focusing on pay transparency and gender equality. It prohibits pay secrecy clauses, strengthens equal remuneration provisions, and expands employee rights regarding flexible work and anti-discrimination. The Act also introduces new reporting obligations for employers on gender pay gaps, aiming to foster fairer and more secure workplaces across the country.
Overview
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (the Act) represents a landmark reform in Australia's industrial relations landscape, receiving Royal Assent on December 6, 2022. This comprehensive legislation introduces the most significant changes to the Fair Work Act 2009 since its inception, aiming to foster greater job security and gender equality across Australian workplaces. Proposed by the Labor Government, the Act is a direct response to the evolving needs of the modern workforce, addressing long-standing issues such as pay secrecy, gender pay gaps, and insecure work arrangements. Its overarching purpose is to create a fairer, more transparent, and equitable industrial relations system that prioritizes the well-being and rights of employees.
Historically, Australia's industrial relations system has grappled with challenges related to pay equity and job security. While the Fair Work Act 2009 provided a framework for equal remuneration, its practical application in addressing systemic gender-based undervaluation of work proved limited. The Secure Jobs, Better Pay Act seeks to rectify these shortcomings by embedding gender equality and job security as explicit objects of the Fair Work Act. This foundational shift mandates that these principles must now be taken into account when exercising powers under the Act, including in modern awards and minimum wage objectives. The reforms are designed to empower employees, enhance collective bargaining, and provide stronger protections against discrimination and insecure employment practices.
Key innovations introduced by the Act include the outright prohibition of pay secrecy clauses in employment contracts, granting employees the explicit right to discuss their remuneration without fear of adverse action. This measure is a cornerstone of the Act's pay transparency agenda, intended to expose and address gender pay gaps. Furthermore, the Act strengthens the equal remuneration provisions, establishes new expert panels within the Fair Work Commission (FWC) dedicated to pay equity, and expands the FWC's powers to resolve disputes related to flexible work arrangements and enterprise agreements. It also introduces significant limitations on the use of fixed-term contracts and enhances protections against sexual harassment and discrimination, marking a holistic approach to improving workplace conditions and promoting fairness.
Definitions
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 introduces and clarifies several key definitions crucial for its implementation, particularly concerning pay equity and transparency. Central to these reforms is the concept of 'equal remuneration for work of equal or comparable value,' which is explicitly defined as equal remuneration for men and women workers for work of equal or comparable value. This definition is critical because it extends the scope of pay equity beyond identical jobs to encompass roles that, while potentially different in their specific duties, possess equivalent value when assessed based on factors such as skill, effort, responsibility, and working conditions. The Act empowers the Fair Work Commission (FWC) to make orders to ensure this equality, focusing on whether an undervaluation of work exists based on gender, rather than requiring proof of discriminatory intent.
Another pivotal term addressed by the Act is 'pay secrecy clause.' This refers to any term or condition in an employment contract or other written agreement that prohibits or restricts an employee from disclosing or discussing information about their remuneration, or from asking other employees about their remuneration. The Act unequivocally prohibits the inclusion of such clauses in new employment contracts entered into after December 7, 2022, and stipulates that any existing pay secrecy terms in contracts will cease to have effect if the contract is varied or a new one is made. This prohibition is a direct mechanism to enhance pay transparency, allowing employees to openly discuss their earnings and assess the fairness and comparability of their compensation within their workplace or industry.
The term 'remuneration' itself, while not exhaustively redefined by the Act, is understood in a broad sense within the context of equal remuneration provisions. It encompasses not only an employee's base pay or wages but also other workplace entitlements and benefits that collectively constitute their total compensation. This comprehensive understanding ensures that all components of an employee's financial and non-financial rewards are considered when evaluating pay equity. Furthermore, the Act introduces 'workplace right' to specifically include the right of employees to disclose or not disclose their remuneration and to ask other employees about their remuneration, providing legal protection against adverse action for exercising these rights. These definitions collectively underpin the Act's objectives of promoting gender equality and job security through enhanced transparency and fairness in remuneration practices.
Covered Employers
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 primarily amends the Fair Work Act 2009, which applies to 'national system employers' across Australia. This broad coverage includes constitutional corporations, the Commonwealth and Commonwealth authorities, and employers in Victoria, Queensland, South Australia, Tasmania, and the Australian Capital Territory. While the Act's core amendments, such as the prohibition on pay secrecy clauses and enhanced equal remuneration provisions, generally apply to all employers covered by the Fair Work Act, specific related legislative changes introduce nuanced thresholds and obligations for certain employer categories. For instance, the new workplace right to discuss pay and the invalidation of pay secrecy clauses apply to all new employment contracts or other written agreements entered into after December 7, 2022, regardless of employer size.
Beyond the direct amendments to the Fair Work Act, the broader legislative agenda for pay equity, which the Secure Jobs, Better Pay Act complements, introduces specific reporting obligations based on employer size. The Workplace Gender Equality Act 2012, as amended by the Workplace Gender Equality Amendment (Closing the Gender Pay Gap) Act 2023, mandates that 'relevant employers' report annually to the Workplace Gender Equality Agency (WGEA). A 'relevant employer' is defined as a non-public sector organization with 100 or more employees in Australia, or a Commonwealth company or entity that employs 100 or more employees. These employers are required to submit detailed reports on six gender equality indicators, including workforce composition, salaries, and remuneration.
Furthermore, a significant new obligation is placed on 'designated relevant employers,' which are those with 500 or more employees. These larger employers are now required to select and commit to achieving three specific gender equality targets over a three-year target cycle, reporting on their progress to WGEA. At least one of these selected targets must be numeric, focusing on areas such as reducing the gender pay gap. While employers with fewer than 500 employees are not legally compelled to set these targets, they are encouraged to voluntarily monitor their progress against similar goals. The phased implementation of these reporting requirements ensures that employers have time to adapt, with the first set of private sector employer gender pay gaps to be publicly published by WGEA in early 2024, covering the April 2022-March 2023 reporting period.
Employee Rights
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 significantly enhances employee rights, particularly in the areas of pay transparency, flexible work, and protection against discrimination. A cornerstone of these reforms is the introduction of a new workplace right that explicitly allows employees to disclose (or choose not to disclose) information about their remuneration and other terms and conditions of employment that are reasonably necessary to determine remuneration outcomes. Crucially, employees are also granted the right to ask other employees about their remuneration. This right applies to both current and future employees and is protected under the general protections provisions of the Fair Work Act, meaning employers cannot take adverse action, such as disciplinary measures or dismissal, against an employee for exercising this right. This provision aims to empower employees to assess pay fairness and comparability within their workplace or industry.
The Act also expands and strengthens employee rights concerning flexible work arrangements. It broadens the circumstances under which an employee can request flexible work, including situations where an employee or a member of their immediate family or household is experiencing family or domestic violence, or where an employee is pregnant. Employers are now subject to increased obligations when responding to such requests, including a requirement to meet with employees to discuss requests and to provide reasons for any refusal, which must be limited in scope. Importantly, the Fair Work Commission (FWC) is empowered to resolve disputes regarding flexible work arrangements, providing a clear avenue for employees to challenge unreasonable refusals. These changes aim to promote work-life balance and support employees with caring responsibilities or those facing challenging personal circumstances.
Furthermore, the Act bolsters anti-discrimination protections by adding new protected attributes to the Fair Work Act 2009. From December 7, 2022, individuals are protected against workplace discrimination based on breastfeeding, gender identity, and intersex status. This expansion aligns the Fair Work Act with other Commonwealth anti-discrimination legislation, providing individuals who experience discrimination on these grounds with avenues to pursue complaints through the FWC. These enhanced protections, alongside the prohibition of sexual harassment in connection with work, underscore the Act's commitment to creating inclusive and respectful workplaces where all employees are treated with dignity and fairness.
Pay Transparency Requirements
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 introduces significant pay transparency requirements, with the most prominent being the prohibition of pay secrecy clauses in employment contracts. This key amendment, effective from December 7, 2022, for new employment contracts and other written agreements, invalidates any term or condition that prevents an employee from disclosing or discussing their remuneration or asking other employees about their pay and employment terms. For existing contracts containing such clauses, these terms will cease to have effect if the contract is varied or a new one is entered into. The explicit purpose of this prohibition is to foster greater transparency in remuneration practices, enabling employees to openly discuss their earnings and assess whether they are being fairly paid compared to colleagues in similar roles or industries.
To ensure compliance and deter non-adherence, the Act stipulates that the inclusion of pay secrecy clauses in new employment contracts entered into from December 7, 2022, will not only render those clauses ineffective but will also attract penalties from June 7, 2023. Employers were given a six-month grace period to update their employment contracts to comply with this amendment. Breaches of this prohibition can result in civil penalties, with potential fines of 60 penalty units for contraventions, or 600 penalty units for serious contraventions. The Fair Work Ombudsman (FWO) is the body responsible for enforcing this prohibition and has the power to initiate court proceedings for alleged breaches, underscoring the seriousness with which the government views pay transparency.
Beyond pay secrecy, the Act also introduces measures related to job advertisement transparency. From January 7, 2023, the new laws prohibit employers from advertising employment at a rate of pay that would contravene the Fair Work Act 2009 or a relevant fair work instrument, such as a Modern Award or Enterprise Agreement. This means businesses must ensure that the advertised rate of pay and other workplace conditions comply with legal minimum entitlements before posting job advertisements. This provision aims to prevent misleading advertisements and ensure that prospective employees are offered terms that meet legal standards, further contributing to a more transparent and equitable labor market.
Reporting & Audit Obligations
While the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 primarily focuses on amendments to the Fair Work Act 2009, its broader impact on pay equity is significantly complemented by related legislative changes, particularly the Workplace Gender Equality Amendment (Closing the Gender Pay Gap) Act 2023. This amending Act introduces substantial new reporting and transparency obligations for employers under the Workplace Gender Equality Act 2012. Specifically, it mandates that the Workplace Gender Equality Agency (WGEA) publicly publish the gender pay gap information of 'relevant employers' for each reporting period. 'Relevant employers' are defined as non-public sector organizations with 100 or more employees and Commonwealth public sector organizations with 100 or more employees. This public disclosure, which commenced with the first set of private sector employer gender pay gaps in early 2024 (covering the April 2022-March 2023 reporting period), aims to boost accountability and accelerate action towards closing the gender pay gap.
The new reporting obligations, which came into effect on April 1, 2024, require relevant employers to provide more granular data to WGEA. This includes reporting on employee age (year of birth), primary workplace location, whether superannuation is paid by an employer during various types of parental leave, and remuneration data for Chief Executive Officers (CEOs) or equivalent positions. Furthermore, employers must now report on sexual harassment, harassment on the grounds of sex, and discrimination, including mandatory questions to gather prevalence data. While individual employee remuneration will not be published, an aggregate of gender pay gap data will be made publicly available. Employers are also required to share their gender equality reports, including the Executive Summary and Industry Benchmark Report received from WGEA, with their employees, shareholders, and/or board members, promoting internal transparency and engagement on gender equality issues.
A further significant obligation is introduced for large employers, specifically those with 500 or more employees, who are now designated as 'designated relevant employers.' These employers are required to select and commit to achieving three specific gender equality targets over a three-year target cycle, reporting on their progress to WGEA. At least one of these targets must be numeric, focusing on measurable outcomes related to gender equality indicators such as equal remuneration. The Minister, via legislative instrument, sets the menu of targets and rules for their selection. Private sector employers with 500+ employees are required to report their chosen targets to WGEA between April 1 and May 31, 2026. Failure to achieve or make progress towards these targets could result in public naming and, potentially, being prevented from providing services to government agencies. These comprehensive reporting and target-setting obligations are designed to drive proactive measures by employers to address and close gender pay gaps.
Governance & Enforcement Bodies
The implementation and enforcement of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 are primarily overseen by two key Australian industrial relations bodies: the Fair Work Commission (FWC) and the Fair Work Ombudsman (FWO). The FWC, as Australia's national workplace relations tribunal, plays a central role in resolving disputes, setting minimum wages and employment conditions, and now has significantly enhanced powers under the Act. Its responsibilities include guiding its consideration of equal remuneration and work value cases, with a specific mandate to address gender-based undervaluation of work. The Act establishes new expert panels within the FWC, including a Pay Equity Expert Panel and a Care and Community Sector Expert Panel, dedicated to determining equal remuneration cases and certain award cases, thereby institutionalizing specialized expertise in pay equity matters.
The FWC's expanded jurisdiction also extends to resolving disputes related to flexible work arrangements, where it can intervene if an employer's refusal is deemed unreasonable. Furthermore, the FWC has increased powers concerning enterprise agreements, including simplifying the process for initiating bargaining, amending the Better Off Overall Test (BOOT), and providing for a new intractable bargaining declaration scheme to resolve disputes sooner. It can also vary enterprise agreements to correct errors, defects, or irregularities. Employees can file complaints with the FWC regarding various workplace rights, including those related to discrimination (now encompassing breastfeeding, gender identity, and intersex status) and sexual harassment, with the FWC providing appropriate dispute resolution avenues.
The Fair Work Ombudsman (FWO) serves as the national workplace relations regulator, responsible for enforcing compliance with the Fair Work Act 2009 and its amendments. A critical new enforcement role for the FWO under the Secure Jobs, Better Pay Act is the oversight of the prohibition on pay secrecy clauses. The FWO is empowered to initiate court proceedings for any alleged breaches of this prohibition, which can result in significant civil penalties for employers. This means the FWO actively monitors and investigates complaints related to pay secrecy, ensuring that employees can exercise their right to discuss remuneration without fear of adverse action. The FWO also plays a crucial role in providing information and education to employers and employees about their rights and obligations under the new laws, facilitating voluntary compliance and addressing workplace issues through advice and assistance.
Monitoring & Evaluation
The monitoring and evaluation framework for the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 is designed to ensure the effectiveness and ongoing relevance of its reforms, particularly in advancing pay equity and job security. A key aspect of this framework involves the Fair Work Commission (FWC)'s role in investigating and adjudicating equal remuneration matters. When considering an application for an equal remuneration order, the FWC is required to form an expert panel to decide the matter. These panels are guided to take into account comparisons within and between occupations and industries to establish whether work has been undervalued on the basis of gender, and whether the undervaluation has a historical basis. This comparative analysis is not limited to similar work and does not need to be restricted to historically male-dominated occupations, allowing for a comprehensive assessment of gender-based pay disparities.
Beyond individual case adjudication, the Act includes a commitment for the Australian Government to review the operation of its amendments. This review is mandated to commence within two years after the Act received Royal Assent, ensuring a timely assessment of its impact and efficacy. Such a review would typically involve evaluating the extent to which the legislative changes have achieved their stated objectives, such as promoting job security, gender equality, and collective bargaining. It would likely examine data on pay transparency, the incidence of pay secrecy clauses, the outcomes of equal remuneration cases, and the utilization of flexible work arrangements, among other indicators. This formal review mechanism provides an opportunity for legislative adjustments if certain provisions are found to be ineffective or to have unintended consequences.
Furthermore, the broader ecosystem of gender equality reporting, influenced by the Secure Jobs, Better Pay Act and the Workplace Gender Equality Amendment (Closing the Gender Pay Gap) Act 2023, contributes significantly to monitoring and evaluation. The Workplace Gender Equality Agency (WGEA) collects and publicly publishes gender pay gap information for employers with 100 or more employees. This public transparency acts as a powerful monitoring tool, encouraging organizations to proactively address pay inequities. For large employers (500+ employees), the requirement to select and report on gender equality targets over a three-year cycle provides a structured mechanism for self-monitoring and external evaluation of progress. WGEA's role in collating and analyzing this data, and potentially naming non-compliant employers, creates a continuous feedback loop that drives ongoing improvement in workplace gender equality.
Enforcement & Penalties
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 introduces robust enforcement mechanisms and penalties to ensure compliance with its key provisions, particularly those related to pay transparency and secure employment. A significant aspect of this is the enforcement of the prohibition on pay secrecy clauses. While new employment contracts entered into from December 7, 2022, cannot legally contain pay secrecy terms (such terms are rendered ineffective), employers face civil penalties for including them. Penalties for contravening the pay secrecy prohibition became enforceable from June 7, 2023, following a six-month grace period for employers to update their contracts. A standard contravention can incur a penalty of 60 penalty units, while a serious contravention can attract a penalty of 600 penalty units. The Fair Work Ombudsman (FWO) is the primary body responsible for investigating alleged breaches and initiating court proceedings to impose these penalties.
Beyond pay secrecy, the Act also introduces civil penalties for breaches of the new limitations on fixed-term contracts. Employers who engage employees on fixed-term contracts that exceed the permitted duration (generally two years, including renewals, or two consecutive contracts) or fail to provide the required Fixed Term Contract Information Statement may be exposed to monetary penalties under the Fair Work Act. These provisions, which largely commenced on December 6, 2023, aim to curb the misuse of fixed-term arrangements and promote more secure, permanent employment. The Fair Work Commission (FWC) is granted powers to resolve disputes relating to these provisions, and the Federal Circuit and Family Court of Australia and Magistrates Courts can deal with disputes under the small claims procedure, offering accessible avenues for redress.
The Act also strengthens enforcement against unlawful discrimination and sexual harassment. The express prohibition of sexual harassment in connection with work, which commenced on March 6, 2023, allows for appropriate dispute resolution avenues through the FWC. While specific penalty amounts for sexual harassment are determined on a case-by-case basis, breaches of anti-discrimination provisions can lead to various remedies, including compensation, reinstatement, or other orders deemed appropriate by the FWC or courts. The overall enforcement framework emphasizes both proactive compliance through guidance and education, and reactive measures through investigations, dispute resolution, and the imposition of civil penalties, ensuring that the Act's objectives of fairness and equality are upheld across Australian workplaces.
Relationship to Other Laws
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 operates as a significant amendment to the foundational Fair Work Act 2009 (Cth), which remains the primary legislation governing workplace relations in Australia. The Secure Jobs, Better Pay Act integrates new objects into the Fair Work Act, explicitly including the promotion of job security and gender equity, thereby influencing how all powers under the principal Act are to be exercised. It reforms existing provisions within the Fair Work Act related to equal remuneration, enterprise bargaining, flexible work arrangements, and anti-discrimination. For instance, the new workplace rights concerning pay disclosure and the prohibition of pay secrecy clauses are embedded within the Fair Work Act's framework, leveraging its general protections provisions against adverse action.
Crucially, the Act has a strong complementary relationship with the Workplace Gender Equality Act 2012 (Cth). While the Secure Jobs, Better Pay Act directly addresses pay secrecy and strengthens equal remuneration principles within the Fair Work Act, the Workplace Gender Equality Amendment (Closing the Gender Pay Gap) Act 2023, which followed closely, significantly amends the Workplace Gender Equality Act 2012. These amendments introduce new reporting obligations for employers to the Workplace Gender Equality Agency (WGEA), including the public publication of gender pay gap information and the requirement for large employers to set gender equality targets. This legislative synergy ensures a multi-pronged approach to closing the gender pay gap, with the Fair Work Act providing individual rights and remedies, and the Workplace Gender Equality Act driving systemic transparency and accountability at an organizational level.
Furthermore, the Act enhances the anti-discrimination framework within the Fair Work Act 2009 by adding breastfeeding, gender identity, and intersex status as protected attributes. This brings the Fair Work Act into closer alignment with other Commonwealth anti-discrimination legislation, such as the Sex Discrimination Act 1984 (Cth), providing a more comprehensive and consistent legal landscape for protection against workplace discrimination. The Act also includes an express prohibition on sexual harassment in connection with work, which complements the positive duty on employers to prevent sexual harassment introduced by the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022. Additionally, the Secure Jobs, Better Pay Act abolished the Australian Building and Construction Commission (ABCC) and the Registered Organisations Commission (ROC), transferring their functions to other bodies like the Fair Work Ombudsman and the Fair Work Commission, thereby streamlining and reforming the regulatory architecture of industrial relations.
International Context
Australia's Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 aligns with and reinforces the country's commitments under key international labour standards, particularly those established by the International Labour Organization (ILO). Australia ratified ILO Convention No. 100 on Equal Remuneration in 1974 and Convention No. 111 on Discrimination (Employment and Occupation) in 1973. The Act's explicit focus on promoting gender equality and strengthening equal remuneration provisions within the Fair Work Act 2009 directly contributes to fulfilling the obligations under Convention No. 100, which calls for equal remuneration for men and women workers for work of equal value. The establishment of expert panels within the Fair Work Commission to deal with gender-based undervaluation of work and the broadened scope for assessing 'work of equal or comparable value' are concrete steps towards achieving the objectives of this Convention.
The Act's enhanced anti-discrimination framework, which includes new protected attributes such as gender identity and intersex status, further strengthens Australia's adherence to ILO Convention No. 111. This Convention aims to promote equality of opportunity and treatment in employment and occupation, eliminating discrimination on various grounds. By expanding the scope of anti-discrimination protections and expressly prohibiting sexual harassment in connection with work, the Act reflects a commitment to creating inclusive and respectful workplaces in line with global best practices. Australia has recently achieved a significant milestone by ratifying all ten ILO Fundamental Conventions, reaffirming its dedication to upholding fundamental workers' rights and safety, including the elimination of discrimination in employment and occupation. This comprehensive ratification underscores Australia's leadership and ongoing commitment to internationally agreed rules, norms, and standards in the workplace.
Implementation Timeline
| Date | Milestone | Status |
|---|---|---|
| 6 December 2022 | Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 received Royal Assent. | In Force |
| 7 December 2022 | Prohibition of pay secrecy clauses in new employment contracts commenced. | In Force |
| 7 December 2022 | New protected attributes (breastfeeding, gender identity, intersex status) added to anti-discrimination provisions. | In Force |
| 7 January 2023 | Prohibition of unlawful job advertisements (pay rates below legal minimums) commenced. | In Force |
| 6 March 2023 | Prohibition of sexual harassment in connection with work commenced. | In Force |
| 7 June 2023 | Penalties for including pay secrecy clauses in new contracts became enforceable. | In Force |
| 6 June 2023 | Changes to flexible work arrangements (expanded scope, FWC dispute resolution) commenced. | In Force |
| 6 June 2023 | Changes to enterprise agreement approval process (Better Off Overall Test, multi-enterprise bargaining) commenced. | In Force |
| 6 December 2023 | Limitations on fixed-term contracts (max 2 years or 2 renewals) commenced (or earlier by proclamation). | In Force |
| 6 December 2023 | Sunsetting of 'zombie agreements' (pre-FW Act agreements) commenced. | In Force |
| Early 2024 | First public publication of private sector employer gender pay gaps by WGEA (for 1 April 2022 - 31 March 2023 reporting period). | In Force |
| 1 April 2024 | New WGEA reporting obligations (employee age, location, superannuation on parental leave, CEO remuneration, sexual harassment data) commenced. | In Force |
| 1 April - 31 May 2026 | Private sector employers with 500+ employees must select and report gender equality targets to WGEA. | Awaiting Entry |
Compliance Checklist
| Requirement | Action Required | Deadline |
|---|---|---|
| Review and update employment contracts for pay secrecy clauses. | Remove any clauses prohibiting employees from discussing remuneration from new contracts. Ensure existing contracts are not varied to include such clauses. | Ongoing, with penalties for new contracts from 7 June 2023. |
| Inform employees of their right to disclose/discuss remuneration. | Communicate clearly to all employees their new workplace right to discuss pay and employment conditions without adverse action. | Immediately (from 7 December 2022). |
| Ensure job advertisements comply with minimum pay entitlements. | Verify that all advertised pay rates meet or exceed legal minimums under awards or enterprise agreements. | Ongoing (from 7 January 2023). |
| Update policies and procedures for flexible work requests. | Review and revise policies to reflect expanded eligibility for flexible work and new employer obligations for responding to requests. Train managers on new FWC dispute resolution powers. | Ongoing (from 6 June 2023). |
| Review and update anti-discrimination policies. | Ensure policies explicitly cover breastfeeding, gender identity, and intersex status as protected attributes. | Immediately (from 7 December 2022). |
| Implement measures to prevent sexual harassment. | Ensure robust policies and training are in place to prevent sexual harassment in connection with work. | Ongoing (from 6 March 2023). |
| Assess fixed-term contract usage. | Review all fixed-term contracts to ensure compliance with the new limitations (max 2 years or 2 renewals). Provide Fixed Term Contract Information Statement. | Ongoing (from 6 December 2023). |
| Identify and manage 'zombie agreements'. | Determine if any pre-Fair Work Act agreements are still in effect and plan for their sunsetting or replacement. | By 6 December 2023. |
| Prepare for WGEA gender pay gap reporting (if applicable). | Collect and prepare required data for public reporting of gender pay gaps (for employers with 100+ employees). | Annually (first public reports early 2024). |
| Implement new WGEA reporting data points (if applicable). | Ensure systems can collect and report employee age, location, superannuation on parental leave, CEO remuneration, and sexual harassment data. | Ongoing (from 1 April 2024). |
| Select and commit to gender equality targets (if applicable). | Employers with 500+ employees must select three gender equality targets and report them to WGEA. | 1 April - 31 May 2026 (private sector). |
Sources and References
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