Get in contact with Master Builder ACT using the form or any of the contact details below.
Become a Member Need help?
Latest News

Secure Jobs Better Pay Act 2022 – Changes Commencing 6 June 2023

Posted

Members are reminded of the following changes under the Secure Jobs Better Pay Act 2022 will be commencing from 6 June 2023:

  • Changes to multi-employer bargaining
  • Changes to better off overall test
  • Changes to flexible work request
  • Changes to unpaid parental leave request

Multi-Employer Bargaining

From 6 June 2023 or an earlier date to be fixed by proclamation, employers and employees can be compelled to multi-employer bargaining. Small businesses will be exempted from multi-employer bargaining. If your business and your employees are covered by an enterprise agreement that is within the nominal expiry date, you will also be exempted from multi-employer bargaining.

Better Off Overall Test (BOOT)

From 6 June 2023, or an earlier date to be fixed by proclamation, the Fair Work Commission will be required to undertake the BOOT as a global assessment instead of a line-by-line comparison between the proposed agreement and relevant award. The Commission will also have the power to amend an agreement where this is necessary to address a concern that it does not otherwise meet the BOOT.

Flexible Work Request

From 6 June 2023, employers will be required to meet with employees to discuss requests for flexible work arrangements and cannot refuse a request before discussing alternative working arrangements with employees. If the flexible work request is refused, the Fair Work Commission will have the power to resolve disputes.

Additionally, more employees will be able to request flexible work including employees who are pregnant and employees (or a member of their immediate family or household) experiencing family and domestic violence.

Unpaid Parental Leave

From 6 June 2023, employers will have an obligation to discuss with the employees of their request to extend unpaid parental leave. The employer will also need to consider and inform the employee in writing within 21 days if there is any other period of extension they would be willing to agree to. If the employer refuses a request, the employer will need to provide reasons in writing within 21 days of the request.

If you have any questions in relation to these changes or need assistance with enterprise agreements, please contact our Workplace Relations and Legal Team on (02) 6175 5900.