Changes to Employment Conditions 2021
The last quarter of 2021 brought with it some employment changes that are going to affect your business and (unfortunately) will require action to be taken.
In summary:
1. The Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 took effect;
2. The Fair Work Act was amended to include miscarriage as an option for accessing compassionate leave; and
3. The final stage of Super Reforms – Your Future, Your Super commenced.
First up: Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021
The amendment implemented is the Australian Government’s response to several recommendations in the Sex Discrimination Commissioners Respect @Work Report of 2020.
The Sexual Discrimination Act amendment’s aim is to protect and empower employees to address sexual harassment at work.
The changes in the amendment include:
· The introduction of stop sexual harassment orders;
· A definition of sexual harassment; and
· Clarification that sexual harassment at work can be a valid reason for dismissal.
An eligible worker, who believes they’ve been sexually harassed at work, can apply to the Fair Work Commission for an order to stop the sexual harassment. Further, the time to make a complaint under the Act has been extended from six months to 2 years.
If you need further detailed information about this head to the Fair Work Page: HERE
This change is likely going to affect your: Grievance Policy, Complaints Policy and Bullying and Harassment Policies.
Next is: Fair Work Act Amendment (Compassionate Leave)
On 10 September 2021, the Fair Work Act was expanded to include an option to access compassionate leave in the event of a miscarriage.
Employees are now entitled to two days of paid compassionate leave (unpaid for casuals) if they, or their current spouse or de facto partner, has a miscarriage.
Employees can take this form of compassionate leave in the following circumstances:
· A member of their immediate family or household dies, or contracts or develops a life-threatening illness or injury;
· A baby in their immediate family or household is stillborn;
· They have a miscarriage; or
· Their current spouse or de facto partner has a miscarriage.
Another employee may also be entitled to take compassionate leave if the infant was, or would have been, an immediate family or household member of an employee.
This leave is in addition to if an employee’s baby is stillborn or their child dies in the first 24 months of life, where an employee can take up to 12 months’ unpaid parental leave.
If you need further detailed information about this head to the Fair Work Page: HERE
This change is going to affect your Personal Leave Policy.
And Lastly: Super Reforms – Your Future, Your Super
In the 2020–21 Federal Budget, the Government announced the Super Reforms – Your Future, Your Super measure.
From 1 November 2021, where a new employment arrangement commences, and the employee does not choose a super fund, employers now have to check with the ATO to obtain details of the employee’s ‘stapled super fund’ and direct super payments into this account.
Some key Information around this for employers:
What is a ‘stapled super fund’?
A stapled super fund is an existing super account linked, or 'stapled', to an individual employee so it follows them as they change jobs.
Why the change?
The change aims to reduce account fees, avoiding new super accounts being opened every time an employee starts a new job.
When do the changes start?
The change came into effect on November 1, 2021.
How do I obtain an employee’s stapled super fund details?
If the eligible employee has not chosen a superannuation fund, you will need to contact the ATO to request this information. The ATO will confirm the employer/employee relationship and provide the employee’s stapled super fund details.
What if the ATO doesn’t have a stapled super fund for the employee?
If the employee has not made a choice and does not have a stapled super fund recorded with the ATO, the employer will be able to make the super payments to its default account.
If you need further detailed information about this head to the ATO Page: HERE
This change is likely going to affect your Onboarding and/or Recruitment Practices.
Make sure you keep these amendments in mind when you are reviewing your Policies and Procedures in the New Year.
You are Reviewing your Policies and Procedures in the New Year - aren't you???
If you need help or have questions regarding any of these topics contact us at solve@fiveseven.com.au
