The Employment Rights Legal Service thanks the Review Panel and the Department of Employment and Workplace Relations for the opportunity to provide a submission on the review of the operation of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (‘Secure Jobs, Better Pay Act’) and the amendments made by Part 16A of Schedule 1 of the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (‘the Review’).
In general, we have been strongly supportive of the amendments and their effect in improving the Australian industrial relations framework. Owing to the limited time available to provide these submissions and the ways in which ERLS assists disadvantaged workers, we are only able to comment upon the following specific amendments in the Secure Jobs, Better Pay Act:
1. Limiting the use of fixed-term contracts;
2. Prohibiting pay secrecy clauses;
3. Strengthening the right to request flexible working arrangements and an extension of unpaid parental leave;
4. Amending the Fair Work Act small claims process;
5. Prohibiting job advertisements that would breach the Fair Work Act;
6. Prohibiting sexual harassment in the Fair Work Act; and
7. Strengthening protections against discrimination in the Fair Work Act.