Changes to industrial relations, what businesses need to know

Extend the powers of the Fair Work Commission to include employee-like forms of work, allowing it to better protect people in new forms of work from exploitation and dangerous working conditions. This change will allow the Fair Work Commission to make orders for minimum standards for new forms of work, such as gig work.  

Ensure the Fair Work Commission has the capacity and flexibility to include employee-like forms of work: that is, intervene or inquire into all forms of work and determine what rights and obligations may or may not apply. 

Legislate a fair, objective test to determine when a worker can be classified as casual, so employees have a clearer pathway to permanent work. The meaning of casual employment has evolved and been upheld many times through common law. It has been characterised as the “absence of a firm advance commitment as to the duration of the employee’s employment or the days or hours the employees will work”.  

Ensure workers employed through labour hire companies receive no less than workers employed directly. 

Legislate to make wage theft a criminal offence.   

Consult with unions, states and territories, and employer groups.  

Federal wage theft laws will not override existing state and territory laws where they currently operate. 

Limit the number of consecutive fixed-term contracts an employer can offer for the same role, with an overall cap of 24 months.  

Amend the Fair Work Act to limit fixed term contracts for the same role to two consecutive contracts or a maximum duration, including renewals, of two years.  

There will be a mechanism for exceptions in limited circumstances. 

Introduce a Secure Australian Jobs Code to ensure taxpayers’ money being spent through government contracts is being used to support secure employment for Australian workers. This Code will establish guidelines with respect to:  

The fair treatment of workers, including job security - Fair and reasonable wages and conditions 

Ethical and sustainable practices such as ensuring environmentally sustainable outcomes - Compliance with the Workplace Gender Equality Act 2012 

The consideration of local industry workforce capability and capacity, particularly in regional Australia. 

Consult with state and territory governments, unions and industry to develop, where it is practical, portable entitlement schemes for Australians in insecure work. 

Strengthen the ability and capacity of the Fair Work Commission to order pay increases for workers in low paid, female dominated industries.  

Fully implement all 55 recommendations of the Respect@Work Report and legislate the right to 10 days paid family and domestic violence leave as a national employment standard.  

Lead a national push to close the gender pay gap by legislating so companies with more than 250 employees will have to report their gender pay gap publicly, prohibit pay secrecy clauses and give employees the right to disclose their pay if they want to.