Workforce Leaders’ Forum: Navigating the latest workplace reforms in Australia with Justice Adam Hatcher, President of the Fair Work Commission

2 September 2024

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The recent Workforce Leaders' Forum, hosted by PwC, provided a comprehensive overview of the significant changes in workplace regulations and their implications for employers across Australia. The event featured insights from Justice Adam Hatcher, President of the Fair Work Commission, and covered a range of topics relevant to payroll, workplace relations, HR and legal professionals.

Key reforms and their implementation

Justice Hatcher outlined the Fair Work Commission's response to recent legislative reforms, including the Secure Jobs Better Pay and the Closing Loopholes amendments to the Fair Work Act 2009 (Cth).

These changes present significant challenges as well as opportunities for employers to structure their workforce for a productive future, to positively benefit workplace culture and to further enhance gender pay equity.

The right to disconnect

The forum addressed the newly implemented right to disconnect.

The new rules allow employees the right to refuse contact with their employer outside their working hours unless that refusal is unreasonable. The right to disconnect applies to all employment types, including both salaried and waged employees, regardless of remuneration level.

New definitions of casual employee and employment

Justice Hatcher outlined the Fair Work Commission’s role in respect of the new statutory definition of casual employee and the distinction between an employee and independent contractor. He emphasised the importance of employers conducting audits of their casual workforce to identify potential cohorts more likely to request conversion to permanent employment. He also discussed the importance of communication and training for those within the business who are responsible for compliance with the new rules.

Addressing gender equality

The Secure Jobs Better Pay reforms introduced measures to promote gender equality in the workplace. The Fair Work Commission is now required to consider gender equality when setting national minimum wages and modern award rates. This includes eliminating gender-based undervaluation of work and addressing gender pay gaps.

Flexible work arrangements

The right to request flexible work arrangements was another critical topic. While many employers continue to support flexible work, there is a trend towards employers mandating minimum levels of in-office attendance. The Fair Work Commission's role in this space is to resolve disputes about requests for flexible working arrangements, ensuring that both employer and employee conduct and needs are considered.

Conclusion

The Workforce Leaders' Forum highlighted these and other significant changes in workplace regulations and the proactive steps employers need to take to remain compliant. From understanding the “same job, same pay” labour hire arrangements to promoting gender equality, these reforms present both challenges and opportunities for Australian businesses.

As Justice Hatcher concluded, staying informed and prepared is essential for navigating these changes effectively. Employers are encouraged to review their current practices, conduct workforce audits, and ensure that their policies align with the new regulations to foster a productive and compliant workplace.

You can watch the virtual event on demand now.