The Fair Work Amendment (Secure Jobs Better Pay) Act has amended the Fair Work Act (FWA) to among other things restrict the use of fixed-term contracts and pay secrecy clauses; strengthen provisions on gender pay equity, anti-discrimination and sexual harassment protections; and improve access to flexible work arrangements. The Act also creates more employee-friendly enterprise bargaining procedures and introduces multiemployer bargaining in some sectors.
The Act has significantly expanded the multi-enterprise bargaining system. Among other changes, employees and trade unions will, with certain exceptions, have greater power to force employers to bargain for agreements covering multiple employers. The Act also brings new streams of multi-enterprise bargaining and changes to how the FWC deals with bargaining disputes and when protected industrial action can be taken.
The new framework will be implemented gradually, as some provisions took effect immediately upon Royal Assent and others will take effect at a later date. Employers should familiarize themselves with the changes and ensure they are ready to comply when required.