The Secure Jobs Better Pay Bill Australia employers need to be aware of is set to bring significant change to workplaces across the country. Following their platform of employment reform during the recent election, the newly minted Federal Labor Government has tabled proposed legislation that could significantly impact both workers and employers.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill is aimed at improving job security, fair pay, and gender equality, while introducing new protections for employees.

These are still proposed changes, not yet law. But if history tells us anything, waiting until the last minute is never a great strategy. This is one to keep firmly on your radar.

There’s a lot in this Bill, so we’re focusing on three key areas you should be across now.

Pay Secrecy Changes

The Bill proposes that employees will have a positive right to disclose their own remuneration or choose not to. They can also ask others about their conditions of employment, even if they work for a different employer.

The Government expects this to increase transparency and reduce pay bias between genders and other groups.

This is a significant shift. Most businesses will need to review employment contracts and remove any clauses requiring salary confidentiality.

If your existing contracts include these clauses, you do not need to reissue them at this stage. However, they will become ineffective. You won’t be able to enforce them if employees choose to share this information.

2. Prohibiting Sexual Harassment at Work

It may surprise you to know there is currently no express prohibition of sexual harassment under the Fair Work Act.

Right now, the Fair Work Commission can deal with Stop Sexual Harassment orders. That’s where it ends.

The proposed legislation introduces a clear prohibition. It also allows the Fair Work Ombudsman to investigate complaints through conciliation or mediation. Compensation may also apply.

The legislation will likely require businesses with more than 50 employees to report on internal sexual harassment complaints.

The Bill also requires employers to take “reasonable and proportionate” measures to eliminate:

• Sex discrimination
• Sexual harassment
• Victimisation

This requirement is broad. What you need to do will depend on your business, but it may include:

• Implementing and communicating updated policies and procedures
• Conducting risk assessments and taking corrective action
• Collecting gender-based data for reporting
• Running employee surveys (particularly for medium to large businesses)
• Developing a sexual harassment strategy covering risk, training and review
• Delivering training and education programs
• Establishing a confidential complaint process

This is not a minor obligation.

Sexual harassment is a serious issue. These changes will likely become law. Employers also carry potential vicarious liability for employee behaviour.

You need to take this seriously. It protects both your people and your business.

If you need support implementing any of the above, speak to the HR Staff n’ Stuff team.

3. Flexible Working Arrangements

Employees have had the right to request flexible working arrangements for some time. The proposed legislation tightens how employers can refuse those requests.

Currently, employers can refuse on “reasonable business grounds.” Employees have limited ability to challenge that decision.

Under the proposed changes:

• Employers must still provide refusals in writing
• Employees can lodge a formal complaint with the Fair Work Commission
• Both parties may need to enter conciliation and dispute resolution
• The Commission may make binding decisions if no agreement is reached

It’s important to clarify that flexible work is not an automatic entitlement.

The legislation applies to employees who:

• Are a parent or carer of a school-aged child or younger
• Are a carer
• Have a disability
• Are aged 55 or older
• Are experiencing family and domestic violence

The arrangement must support the employee based on their eligibility. It is not intended to allow employees to simply choose to work from home three days a week without justification.

That said, flexible work is now a major factor in:

• Attracting candidates
• Retaining key talent

With stricter rules around refusals and clear business benefits, you should consider how you will manage flexible work moving forward.

Anything Else?

Yes, there is more in this Bill than the three areas above.

We’ve highlighted these now so you can start thinking about how the changes may impact your business and what you may need to adjust.

With the Senate Inquiry due to report soon, the legislation could move quickly.

We will continue to share updates on what is likely to be one of the most significant changes to Australian industrial relations in recent years.

As the Secure Jobs Better Pay Bill Australia progresses, businesses that prepare early will be in a much stronger position.

Need Help?

If you have concerns about how these changes may impact your business, or you want to prepare early, speak to the HR Staff n’ Stuff team.