Employment and payroll legislative changes 2024 / 2024 Financial Year

As part of our commitment to supporting our clients navigate a constantly evolving regulatory environment, the below summary of recent or upcoming employment and payroll legislative changes will help you stay on top of employment issues impacting your workforce.

Employment regulation updates

This update is for general information purposes only and is not the provision of legal advice and should not be relied on as specific advice. Please consult a legal practitioner for legal advice on how these changes may affect your business.

From 1 July 2023, the superannuation guarantee rate will increase from 10.5% to 11%. For our employers of PAYG temporary workers, this increase applies to worker payments made on or after 1 July 2023 regardless of when the work was carried out. For example, the entire work week commencing 26 June and ending 2 July scheduled to be paid Wednesday 5 July will have 11% superannuation applied.

The Fair Work Commission has announced the National Minimum Wage will be increased to $882.80 per week or $23.23 per hour and a 5.75% increase to minimum award wages. This increase will apply to our affected PAYG workers from the first full pay period starting on or after 1 July 2023. As the weekly pay period starts on Monday, the new minimum pay rates will apply from Monday, 3 July 2023.

The commencement of the Respect@Work Act represents a significant shift for organisations to proactively prevent sexual harassment in the workplace. Amongst other things, it introduces a new positive duty on employers to take reasonable and proportionate measures to eliminate, as far as possible, sexual harassment, sex-based discrimination and harassment, hostile work-place environments and victimisation.

The government has amended the Fair Work Act to introduce a new prohibition on sexual harassment. It is unlawful for a person to sexually harass another person in connection with a work or business setting (including as an employee, contractor, subcontractor, labour hire employee, apprentice, trainee, a student gaining work experience, or volunteer), and includes prospective workers.

A recent Federal Court decision means that if an employer wants an employee to work on a public holiday, the employee must agree to a request. Employers relying upon rostering for public holidays will need to ensure communications are issued confirming that any roster to work is a request that can be refused by the employees.
 

A number of changes have been made to the Fair Work Act with the passing of the Secure Jobs and Better Pay Legislation. 

Below is a list of some of the changes, details of which can be viewed on our website.

• Prohibiting pay secrecy: there is now a new positive right for employees (regardless of any contractual term) to disclose (or not disclose) information concerning their own remuneration structure to others. 

• Anti-discrimination and special measures: further three protected attributes including; breastfeeding, gender identity and intersex status, will be inserted into the anti-discrimination provision in the Fair Work Act. 

• Flexible working arrangements: flexible working requests have been extended to those experiencing family or domestic violence, or those providing care or support to a member of their family or household experiencing family or domestic violence, and pregnant employees. 

• Fixed-term/max-term contract restrictions: From 6 December 2023 employers are prohibited from entering into a fixed-term or max-term contract of more than two years duration (including any extension/renewal period); or contains more than one extension/renewal option. 

• Enterprise agreements: A number of amendments have been made to the enterprise agreement process, including the expansion of access to multi-enterprise agreements and multi-employer bargaining. 

• Prohibited non-compliant job advertisements: Penalties will now be imposed on employers who advertise employment opportunities at a rate of pay that would contravene the Act or a fair work instrument (for example, an award or enterprise agreement).

International student & Working holiday visas

From 1st July 2023, the allowable work hours cap for student visa holders will increase from 40 to 48 hours per fortnight. Working Holiday Maker visa holders may work for any employer for up to an additional 6 months even if they worked for that same employer before 1 July 2023. After that 6-month period the one employer work limitation will apply as per the restriction prior to the pandemic.

A decision to amend 78 Awards will see employers no longer able to direct employees to take unpaid leave during a shutdown period if they do not have sufficient annual leave accrued to account for the full period.

Please note: This update is for general information purposes only and is not the provision of legal advice and should not be relied on as specific advice. Please consult a legal practitioner for legal advice on how these changes may affect your business.