The landscape of Human Resource Management and Industrial Relations is constantly shifting. From 30 years ago, when ‘payroll’ was unanimous with certain ‘HR’ functions, employee experience and rights are now front and centre with legislation changing frequently.
As your HR business partner we stay on top of this for you, tracking current and upcoming legislation that will impact your business. Below is a recap on the new and major legislation changes implemented over 2024. These may flow through to your business operations, or at least your policies and procedures.
- New rules for Labour Hire Workers
- New workplace delegates’ rights and protections
- Criminalising intentional wage underpayments
- Small business redundancy exemption changes
- Right of entry to sites changes
- Compulsory conciliation conference changes in protected action ballot matters
- New discrimination protections …and other workplace health and safety and workers’ compensation changes.
Unpaid Paid Leave Requests
From July 2024, the new provisions of the Fair Work Act allow employees to take unpaid leave when they have a new child. They will now be able to take up to 100 days leave, in the past, they could only take up to 30 days in the first year. Both parents are also entitled to take a whole year off whenever they want in the first two years after the birth of their child. And if they want more time off they can then each apply for an extra 12 months after the first year, making it a total of up to two years of, if they want.
Changes to Paid Parental Leave – 1 July 2024
As of 1 July 2024, the total Parental Leave Pay available to families increased to 22 weeks or 110 days, based on a 5 day work week. How many Parental Leave Pay days your family will get depends on your child’s date of birth or adoption.
Changes to Enterprise Agreements and Workplace Determinations
From 30 December 2023, new laws allow employees to authorise recurring deductions. Employees can have money withdrawn from their salary regularly, even if that amount changes. This agreement will stay valid even if the deduction amounts increase or decrease. If employees want to stop these deductions, they write a simple note/email to their employer requesting this. Previously, employees had to sign a new form every time the deduction amount changed, now there is no requirement for the extra paperwork, making it simpler to manage salary deductions. Employees can still agree to specific workplace deductions; however, these must be in favour of the employee and in writing.
Changes to the Definition of a Casual Employee
If an employer offers regular work to an employee and the employee regularly accepts it, this can mean that they are permanent, even if the tasks aren’t exactly the same every time. However, for a casual job to be considered lawful, the employee must receive a recognisable casual loading of the casual work, even if this isn’t mentioned in the contract.
New Casual Employee ’Employee Choice’ Process.
Employees can indicate whether they don’t meet the new definition of casual. Employers can offer to take a casual worker on a permanent basis and employees can also request this. If the employer agrees at the interview, the employee will be made permanent. If not, the employer must provide a detailed reasonable explanation as to why not.
*Reminder that you need to provide causals with the new FW Statement
Positive Duty Under the Sex Discrimination Act
Changes Positive Duty Under the Sex Discrimination Act changes that came in last year are now enforced as of 12 Dec 2023. Among other changes, companies now need to be proactive rather than reactive in this space – and take reasonable measures and appropriate measures to eliminate this happening.
Get in touch today for your tailored ‘Right to Disconnect’ or ‘Ai in the Workplace’ policy.