Fwd Thinking 2022 How much workplace change is coming in 2023
08 December 2022
08 December 2022
2022 has ended with a bang from a workplace relations perspective.
The passing of two key Federal workplace Bills in the last week of November, and the prospect of another Federal workplace Bill being introduced into Parliament by February 2023 herald a range of workplace reforms.
Add to this the expected release of the much anticipated report by the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, and the raft of codes, regulations and other legislative and guidance material released in 2022 by safety regulators about psychosocial risk, and 2023 is shaping up to be a busy year of workplace change for employers.
We hope you enjoy this edition of Fwd: Thinking where we consider our top 4 workplace issues for 2023:
We welcome your feedback about this edition.
1.The status of industrial relations in 2023 and beyond |
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Enterprise bargaining has been in a steady state of decline over recent years. Bargaining has been difficult, costly and protracted (including because of the technical approach adopted to agreement approval by the Fair Work Commission) and has not led to the productivity improvements or trade-offs which would otherwise make it a worthwhile endeavour.
Bargaining and agreement-making will look different in 2023.
The changes will require careful consideration of bargaining strategy and tactics, well in advance of an agreement reaching its nominal expiry date. Further reforms aheadThe changes to the industrial relations landscape are set to continue into 2023. We can expect to see the introduction of 'same job, same pay' legislation (requiring that workers employed through labour hire companies receive no less pay than workers employed directly), regulation of "employment-like" forms of work, and changes to casual employment. The Greens have also foreshadowed they will be seeking a range of measures as part of the second tranche of IR reforms, including a "right to disconnect". |
2. Strategic and operational implications of the Respect@Work reforms |
On 28 November 2022, the Federal Parliament passed the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022. The Act implements seven recommendations of the Respect@Work report, including introducing a positive duty under the Sex Discrimination Act 1984 (Cth) on all employers and persons conducting a business or undertaking (PCBU) to take reasonable and proportionate measures to eliminate workplace sexual harassment, victimisation and sex discrimination as far as possible, and giving the Australian Human Rights Commission considerable new powers to enforce this duty. Some of the steps we expect organisations will need to take in 2023 include:
Authors: Tamara Lutvey, Partner; and Joycelyn Tang, Lawyer.
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3. The emergence of psychosocial risk as a new workplace risk |
In 2022 we have seen a significant focus on understanding psychosocial risk in the context of Respect@Work reforms.
New regulations on psychosocial risk came into force in New South Wales in October 2022 [see our 6 October 2022 Employment Alert], and will commence in Queensland in April 2023. Similar regulations have been proposed in Victoria, but with additional requirements for employers to maintain written prevention plans and the introduction of a reporting scheme for certain psychosocial hazards [See also Safety Matters Alert – Current state of Health and Safety Laws in Australia 2022]. We expect that other States and Territories will follow suit in 2023.
Whilst traditionally the purview of human resources, safety regulators appear to be more readily treating these types of issues as psychosocial work health and safety matters.
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4. Preparing for the release of the Disability Royal Commission report in 2023 |
In 2019, the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability was established. The Royal Commission has conducted public hearings into measures taken by private and public sector employers, and regulators, to respond to systemic barriers to open employment for people with disability. Several large employers were required to respond to questions and appear before the Commission. What do we expect to see in the final report?
What can you do now?Leadership and organisational designStart considering how the design of your organisation can be changed to have a more inclusive focus of people with disability. This may include commencing greater involvement of Diversity and Inclusion teams in any changes or new programs within the organisation, briefing senior managers on the likely outcomes of the Royal Commission and considering appointing a leader as a "Reasonable Adjustments Officer" to be responsible for people with disability. Set up frameworks
Authors: Jon Lovell, Partner; and Kate Hollings, Senior Associate. |
Editors: Trent Sebbens, Partner and Julie Mills, Global Practice Management Counsel - Employment.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to.
Readers should take legal advice before applying it to specific issues or transactions.