Human Resources/People and Culture teams (HR) play a crucial role in the smooth functioning of any organisation. In Australia, the responsibilities of HR are governed by various laws and regulations. This article aims to provide an overview of the key obligations that HR must meet in Australia.
Fair Work Legislation Amendment
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill received royal assent on 6 December 2022. This Act amends workplace relations laws relating to bargaining, job security, gender equality, compliance and enforcement, workplace conditions and protections, and workplace relations institutions.
Pay Secrecy and Gender Equality
One of the key issues addressed by the amendment is the gender pay gap.
Pay secrecy clauses have been outlawed, employee may now discuss their pay with each other, and contracts can no longer prevent an employee from doing so. All organisations should have already reviewed their contracts for compliance, please reach out if you would like some assistance.
The capacity to ask a co-worker about their salary does not equate to a right to have them answer the question — or to answer it truthfully. An employee can still elect to keep their pay a secret.
Flexible Work and Parental Leave
Changes to the way that requests for flexible work and extensions to unpaid parental leave are also in place. Employers must be across these, especially HR as they will likely field the most questions from across the business.
Policy must be updated, and we have even seen examples where templated forms were incorrect and did not reflect the changes in legislation.
Other Key Responsibilities
Apart from the obligations under the Fair Work Legislation Amendment, HR in Australia has several other key responsibilities:
1. Safe Working Environment: HR must provide a safe working environment.
2. Protection from Discrimination and Harassment: HR is responsible for protecting all employees from bullying, discrimination, and sexual harassment.
3. Correct Pay and Entitlements: HR must provide employees with the correct pay and entitlements.
4. Record Keeping: HR has record-keeping obligations.
5. Training and Resources: HR must give all employees the necessary training, resources, and mentoring they need to work safely and efficiently.
6. Informing Employees: HR must inform all employees of their rights and responsibilities.
Conclusion
The role of HR in Australia is multifaceted and governed by various laws and regulations. It is crucial for HR professionals to stay updated with the latest changes to ensure compliance and foster a healthy and productive work environment.
Subscription/Panel/Inhouse Services
At Salt Legal, we are always looking at ways to improve on the types of services we provide and the way in which we engage with our clients.
While exploring these, it was identified that some clients were keen to explore the idea subscription/panel/inhouse options of engagement. These types of arrangements allow clients a greater flexibility in engaging a law form and allows their employees to simply access legal assistance as required.
The way this works is simple, we agree on the length and duration of services you are seeking and a fixed and agreed fee, which can be invoiced weekly, monthly, yearly or task/matter based.
These services essentially place a lawyer in your business, one who develops an understanding of your business and a relationship with your employees.
If you think this might be something that interests you, please do not hesitate to contact us for further details.
At Salt Legal, we provide advice and assistance to client in all areas of:
· Employment law.
· General business and commercial law or disputes.
· OHS.
· Equal opportunity.
· Workers’ compensation,
For up-to-date information and articles, please follow Salt Legal on LinkedIn - Salt Legal - LinkedIn
For an initial no obligations discussion, please contact Salt Legal at info@saltlegal.net or www.saltlegal.net