Status of Bill
An amended version of the Bill was passed by the House of Representatives on Thursday 10 November 2022. The Senate inquiry into the Bill is currently underway.
Gender equity and equal remuneration
Workplace Relations Minister Tony Burke told Parliament when the Bill was introduced that the legislation will place “gender equity at the very heart of our Fair Work system where it belongs” and make gender equity “an overarching object of the Fair Work Act in the modern awards objective”.
- Promoting gender equity would become one of the objects that the Fair Work Commission (FWC) must account for when performing functions under the Fair Work Act (FW Act). It would also become a modern awards objective and a minimum wages objective, thus affecting future national wage case decisions and award variations.
- When it considers equal remuneration and work value cases, the FWC would be required to address assumptions based on gender, and consider whether there has been historical gender-based undervaluing of the relevant work. Examples will be prescribed in legislation and the FWC would not require a male comparator to be able to grant an equal remuneration order.
- The FWC will be permitted to make an equal remuneration order on its own initiative (as well as on application) and would not be required to find gender discrimination as a basis for granting an equal remuneration order.
- Employees would have a positive right to disclose (or not disclose) information about their own remuneration and any related terms and conditions of their employment to any other person, as well as to ask other employees about their remuneration and other related terms and conditions of their employment.
Prohibiting sexual harassment in connection with work
Amendments are proposed to implement a final recommendation of the Respect@Work: National Enquiry into Sexual Harassment in Australian Workplaces. In addition to the FWC’s existing powers to make “stop sexual harassment orders”, the FW Act will contain:
- a new prohibition on sexual harassment applying to workers, prospective workers and persons conducting a business or undertaking;
- provisions to make principals vicariously liable for acts of their employees or agents; and
- new FWC dispute resolution powers.
People who experience sexual harassment at work would be able to commence civil proceedings if the FWC is unable to resolve their dispute.
Anti-discrimination measures
The Bill adds to protected attributes and includes – gender identity, intersex status and breastfeeding. This will bring the FW Act into line with other Commonwealth anti-discrimination legislation such as the Sex Discrimination Act 1984 (Cth).
‘Special measures to achieve equality’ will become matters expressly pertaining to the employment relationship and able to be included in enterprise agreements as lawful (non-discriminatory) terms.
Get in touch
Please contact our Workplace Relations Team if you would like more information.
