The By Lawyers Employment Law guide has been extensively reviewed, with enhanced content including:
- A new section on employment disputes, covering employee conduct and performance, unfair dismissal claims, general protections claims, unlawful termination, underpayment of wages, and disputes about contracts and employment status.
- Expanded coverage of employment relationships, especially casual work and the complicated interplay between the common law position and the casual conversion provisions under the Federal employment legislation.
- A new section on Paid Parental Leave, following legislative amendments that make payments more accessible, flexible, and gender-neutral for Federal system employees – see our previous News & Updates post for further details.
This review has been conducted in the context of significant and ongoing legislative changes. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 passed Federal parliament in December 2022, making many changes to the Fair Work Act 2009.
These amendments commence in phases over the course of several years and include:
- Expansion of the objects of the Fair Work Act;
- Equal pay provisions to address gender inequality;
- Prohibition of pay secrecy – designed to augment the equal pay provisions;
- Prohibition of sexual harassment in the workplace, including Stop Sexual Harassment Orders via the Fair Work Commission. These provisions commenced on 6 March 2023 – see our previous News & Updates post;
- Additional grounds for anti-discrimination in the workplace;
- Fixed-term contracts are generally no longer permitted;
- Expanded availability of flexible work arrangements;
- A new small claims process for unpaid entitlement recovery.
The By Lawyers Employment Law guide and 101 Employment Law Answers will be updated as these relevant provisions commence.