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Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022

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Authors:  James Sanders, and Chao Ni, Principals

The Government has introduced the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022¸ which proposes to make a number of changes to the Fair Work Act, including but not limited to:

  1. Prohibiting pay secrecy amongst employees;
  2. Introducing a ‘Stop Sexual Harassment Order’ application;
  3. Amending protected attributes for the purpose of discrimination to include breastfeeding, gender identity and intersex status;
  4. Limiting fixed term contracts to one renewal and for a combined period of no more than 2 years;
  5. Terminating all pre-1 January 2010 workplace agreements after a 12 month grace period;
  6. Restricting circumstances that enterprise agreements can be terminated by employers;
  7. Amending the BOOT test to:
    1. remove references to ‘prospective award-covered employees’;
    2. make the BOOT a global test rather than line by line; and
    3. allowing the BOOT to be based on patterns of work undertaken by employees;
  8. Allowing the Fair Work Commission to make a determination in relation to the contents of a proposed enterprise agreement in circumstances that the parties cannot agree; and
  9. Allowing employers and unions to make applications to join Single Interest Employer Agreements.

If you have any questions in relation to the Bill or its proposed changes to the Fair Work Act, please do not hesitate to contact the MST Lawyers’ Employment Law Team on +61 3 8540 0200 or at workplace@mst.com.au.