Proposed reform of enterprise bargaining and other changes proposed

The Fair Work Legislation Amendment (Secure Jobs Better Pay) Act 2022 has been passed by Parliament. This will introduce amendments to the Fair Work Act 2009 (FW Act) and other important legislation that is relevant to workplace arrangements.

The changes include:

·         Multi-enterprise bargaining:

o    the expansion of the multi-enterprise bargaining regime with the introduction of a supported bargaining system which is intended to assist employer and employees;

o    the ability for the FWC to exclude employers from a bargaining stream;

o    the ability for unions to apply for an authorization to enable multi-employer bargaining;

o    the exclusion of on-site building and construction from the multi-enterprise bargaining regime.

·         Enterprise agreement approval and the Better Off Overall Test (BOOT)

o    Procedural timeframes for negotiations and strict procedural requirements have been removed.

o    The FWC is required to undertake a global assessment of whether employees will be better off (including those provisions more beneficial, and those less beneficial than the relevant Award).

o    The FWC only to have regard to reasonably foreseeable patterns of work and employees.

Next Steps

If you require advice on how these changes might impact you or your business, please get in touch with Hart & Co today.