2023
has been a challenging year for many employers. From grappling with the most
substantial amendments to industrial relations and employment law since the
introduction of the Fair Work Act in 2009, to contending with rising labour costs amidst economic
uncertainty, employers have faced a period of considerable change. A snapshot
of this fluctuating environment is provided in our key statistics section
below.
Over
the course of the year, we have worked closely with our clients to help them
navigate this complex environment and achieve outcomes that balance the legal
responsibilities they have for their employees with the commercial necessities
of running an organisation. As the year draws to a close, our Year in Review 2023 collates our insights and learnings
gained from working across employment, industrial relations, discrimination and
WHS law over 2023, and provides actionable guidance for employers as they move
into 2024.
In the lead up to the 2022 election, taking action on job security was one of the key campaign messages in the ultimately successful Australian Labor Party campaign. As a result, 2023 saw a significant shift in the extent to which our employment and industrial relations laws oblige employers to take responsibility for employee well-being; regulate forms of “insecure” work such as fixed term contract, casual and labour hire employment, and increase the power of unions and gig-economy workers. Whilst changes such as the ‘Secure Jobs, Better Pay Act’, ‘Respect at Work Act’and the psychosocial hazards amendments to WHS Regulation are likely to have positive effects for much of the Australian workforce, some of these changes, along with proposed legislation in the ‘Closing Loopholes Bill’, have created uncertainty in the business community. Our articles on each legislative change clarify the amendments as well as outlining how employers must comply with them.
Aside
from major legislative developments, we have also seen a period of significant
movement in our workforce, accompanied by labour shortages and increased labour
costs. On one hand, organisations are striving to appropriately resource their
operations in a cost effective manner, while on the other hand, Boards and
public sector agencies are implementing budget efficiency measures due to
increased costs and economic uncertainty. These conditions have led to us
working with our clients on leading topics such as redundancies and outsourcing
operations.
In
this publication, we also share the key takeaways from major cases exploring
these issues to highlight the elements of employment law that our clients
should be considering in 2024.
Our recommendations for employers in relation to the changes to flexible work arrangements, fixed term contracts, pay secrecy clauses and new bargaining streams.
Employers can no longer unilaterally require or roster employees to work on a public holiday - employers must first request whether employees are willing to work on public holidays.
Key takeaways from the JMC v Commissioner of Taxation cases and the importance of clearly written contracts when considering the perennial contractor or employee issue.
Practical tips on what to consider before engaging in a voluntary redundancy process in light of the decision in Clarke v Pacific National Services Pty Ltd.
Discrimination and breach of human rights complaints at the AHRC: 2,562
58% of complaints successfully resolved by conciliation
19% of the complaints received related to race discrimination
46% of the complaints received related to disability discrimination
22% of the complaints received related to sex discrimination
6% of the complaints received related to age discrimination
Number of applications made to the FWC to stop sexual harassment: 11 (following the Commission’s receipt of additional powers to deal with disputes about sexual harassment in connection with work on 6 March 2023)
Number of applications made to the FWC to stop bullying and sexual harassment: 27