The Fair Work Legislation Amendment
(Secure Jobs, Better Pay) Bill 2022 was passed by Parliament on Friday 2 December.
This important piece of legislation provides specific measures aimed at enhancing equality in the workplace, including a new requirement in the Fair Work Act on employment advertisements.
Under new section 536 AA, an employer must not advertise for a position that would breach the Act or a Fair Work Instrument.
In other words, it is now illegal to advertise a position with below award or agreement rates of pay.
Additionally, if the employer is offering piece rates, the advertisement would have to include any hourly rate of pay to which the worker is entitled or include a statement that an hourly rate is payable.
The provisions are civil remedy provisions, which means that an employer can be fined a penalty for breaching the sections and this action can be brought by a union or the Fair Work Ombudsman. The employer will not be in breach, however, if they have a reasonable excuse for not complying.
The stated aims of the provisions are to reduce worker exploitation, promote a culture of compliance with workplace laws, and to encourage employers to consider their workplace obligations before hiring employees.
To learn more about the reforms, join Professionals Australia’s Director of National Industrial Strategy & Workplace Advice and Support, Margaret Buchanan for a special briefing that will provide members with an overview of the major changes likely to impact them.
The briefing will be held on Monday 19th December from 12.30pm (ASDT) via Zoom. Spaces are limited, so secure your spot by registering now.