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Fair Work Amendments Relevant to Beauty Industry

24 Jan 2023 0 Comments

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 was passed late last year in response to issues surrounding wage growth, gender equality in the workplace, and enterprise agreements. 

What does it mean for you?

Of the rule changes, Professional Beauty Magazine has identified those likely to impact beauty small business owners and their employees most.

The following amendments came into effect from 7 December last year:

  • The relaxing of rules surrounding pay secrecy, whereby employees cannot be penalised for asking, or sharing with, their colleagues information regarding rates of pay. Breeching new prohibitions could result in penalties such as court proceedings for employers;
  • Greater rights around breastfeeding, gender identity and intersex identity have been enforced, meaning employees and future employees who experience adverse action because of these attributes may be able to make a complaint through the Fair Work Commission (the Commission);
  • A new equal remuneration principle, whereby greater steps will be taken to ensure workers in low-paid, female dominated industries are to receive pay increases. 

The following amendments came into effect from this month:

  • Job ads cannot include pay rates that undercut those outlined by The Fair Work Act (or a fair work instrument such as an award or enterprise agreement). Job ads marketing pieceworker roles entitled to an hourly or weekly rate of pay, for example, will need to specify the periodic pay rate (or at the least, state that a periodic pay rate will apply). 

The following amendments will also come into effect throughout 2023:

  • Flexible working arrangements, whereby employees who are pregnant, or experiencing family or domestic violence, are entitled to flexible working arrangements. If an employer refuses to provide such, a series of steps are required to be taken by the employer, such as providing a written response on why they have refused the request;
  • Fixed term contracts such contracts can no longer run for more than a total of two years, unless the employee is under a training arrangement, or is covered under a specific award that allows for their contract to be extended;
  • Sexual harassment, greater support to be provided to those who experience sexual harassment in the workplace, whereby protections will apply to workers including employees, contractors, work experience students and volunteers, as well as future workers, and anyone conducting a business or undertaking;
  • Unpaid parental leave, employees are to be better supported in their applications for unpaid parental leave extensions. If an employer refuses to provide such, a series of steps are required to be taken by the employer, such as providing a written response on why they have refused the request;

For more information on the calendar changes, visit The Fair Work Ombudsman website 

If you like this blog article, leave us a comment below and share it with your colleagues!

With Love, Ari xx


Source: Professional Beauty Magazine. Nov-Dec 2022 Edition. Hannah Gay.
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