Key upcoming changes introduced by the Industrial Relations Legislation Amendment Act 2024 are:
- Introducing a new prohibition on sexual harassment in connection with work, consistent with the national Fair Work Act 2009 provisions.
- Increasing the statutory minimum casual loading in the Minimum Conditions of Employment Act 1993 from 20 to 25 per cent.
- Amending the public holiday minimum condition to:
- provide employees with an entitlement to be absent from work on a public holiday and for an employee to be paid for their ordinary hours on that day;
- allow an employer to request an employee to work on a public holiday if reasonable; and
- allow an employee to refuse a request to work on a public holiday, if the request is not reasonable, or the refusal is reasonable.
- Introducing a new enforceable minimum condition enabling employees with at least 12 months’ service to request a flexible working arrangement in certain circumstances, such as where the employee is returning from parental leave, has a disability or is experiencing family and domestic violence.
- Establishing a fit and proper person test for a union official to obtain a right of entry permit under the Industrial Relations Act 1979.
Some changes to be introduced by the Industrial Relations Legislation Amendment Act have a later commencement date which has not yet been set.
Visit Upcoming changes to state employment laws for more information and fact sheets on key topics.