At the end of every month Hunter Employee Relations publishes the Monthly Employee Relations Review. 

It’s a summary of what is changing and what you need to know as an employer – in plain English.  

The Australian industrial relations landscape has had many changes recently – many are employee friendly and impose a range of new obligations on employers. 

The Review will include summary updates on the following:

• Government initiated Fair Work Act 2009 or other employment related Acts changes.
• Fair Work Commission special/test cases with a potential flow on impact beyond a particular industry or Award.
• ACTU campaigns with the potential to result in Government legislative changes or Fair Work Commission test cases. 
• ABS or Enterprise Agreement wage increase or CPI data etc. 

When you look through the attached, you’ll notice there have been quite a few pro union and pro employee changes resulting in a range of new legal obligations on employers – You!

I suggest you familiarise yourself with the changes as the old legal saying applies – ‘Ignorance of the law is no excuse.’

Please note this is a high-level summary review only. If you wish to discuss a particular workplace matter related to these changes, or are seeking more information, please do not hesitate to contact me.

The Employee Relations Review will be emailed to Hunter Employee Relations Update subscribers at the end of each month. If you wish to receive it direct to your email Inbox please subscribe here.

Kind Regards
Michael Schmidt
Hunter Employee Relations
M 0438 129 728
michael@hunteremployeerelations.com.au

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Upcoming Changes

Model Terms for Enterprise Agreements

The Fair Work Commission is reviewing the following Enterprise Agreement Model terms. These clauses are required in all Enterprise Agreements. 

• Flexibility
• Consultation
• Dispute resolution

The Commission will seek submissions and employ a best practice approach.

The Fair Work Commission publish draft model terms for comment with responses due by 31 January 2025.  

An initial review of the draft model clauses indicates they retain a large proportion of the existing wording with some changes. This may change before the model clauses are published. 

The new model clauses are expected to come into effect before 26 February 2025.

This change will affect only new Enterprise Agreements after that date.

Given the recent substantial Delegates Rights provisions inserted into all Awards it is envisaged this review could result in extensive union friendly changes to these three clauses.

While these terms are focussed on clauses that must be inserted into new Enterprise Agreements it is likely any outcome will flow back into all Awards as well.

Action: No action required unless negotiating and lodging an Enterprise Agreement after the implementation date of 26 February 2025.

Gender Undervaluation Test Case

The Fair Work Commission has initiated a test case examining the following Awards

• Aboriginal and Torres Strait Islander Health Workers and Practitioners and Aboriginal Community Controlled Health Services Award 2020
• Children’s Services Award 2010 
• Health Professionals and Support Services Award 2020
• Pharmacy Industry Award 2020
• Social, Community, Home Care and Disability Services Industry Award

The case is examining a large number of issues centred around whether the work covered by the classifications in these Awards has been historically undervalued because of assumptions based on gender. 

Formal hearings examining each of the Awards took place between 2 and 18 December 2025.  

Outcomes and flow on implications from this test case are unclear. There is a potential for any outcome to be replicated in other Awards or industry sectors with predominant female employment. 

Action: No action is required by employers at this time. 

Junior Rates Review

The SDA has applied to change the minimum wage rates in the following Awards.

• General Retail Industry Award 2020
• Fast Food Industry Award 2020
• Pharmacy Industry Award 2020

The application seeks to remove 18 – 21-year-old wage rate and classing them as adults receiving adult wage rates.  

Submissions are currently being received with a Directions hearing scheduled for 21 March 2025 which is likely to set formal hearing dates.

Any outcome to remove the wage rates from the three named Awards is likely to flow on to other Modern Awards. 

Action: No action is required by employers at this time. 

Modern Awards Review 2023-2024

The Fair Work Commission initiated the current Modern Awards Review after receiving a request from the Minister for Employment and Workplace Relations. 

The review identified the following specific areas in relation to Modern Awards

• Making Awards Easier to Use
• Fixed Term contracts
• Part-time clauses
• Working from home
• Deficiencies and errors in Awards 

The Report is likely to result to further Award changes.  

Clients wishing to review the 42-page Report should request a copy from Hunter Employee Relations.

Action: The outcomes of this report do not require action from employers. However, it is likely that changes will take place to various Modern Awards during 2025. 

Annual Wage Review 2024-2025

The process for the 2024-2025 Annual Wage Review has been initiated by Fair Work Commission President releasing the timetable for Submissions and research related to the next annual wage review.

The Annual Wage Review is expected to be handed down during June 2025 with Award wage increases commencing from early July 2025.

Action: Employers will need to adjust employees paid on the Award rate to at least the new notified hourly wage rate from the prescribed date in July 2025.

Working from Home Model Term - Clerks Private Sector Award 2020

An outcome of the Modern Awards Review 2023-2024 is the Fair Work Commission initiating its own motion to review the Clerks Private Sector Award for the purpose of inserting a working from home term ‘supporting’ employers and employees making a workable arrangement.

The Fair Work Commission Full Bench has requested submissions by late May 2025 with hearings being programmed on 6 June 2025.

Any changes resulting changes to this Award are likely to flow on to other Awards.

There is also the possibility for the Fair Work Act 2009 to be amended to include similar working from home provisions for non-Award employees similar in nature to the current Flexibility Provisions in the Act.

Actions: No employer actions required at this time.

Working from home requests may currently be made under the Flexibility Provisions in the Fair Work Act 2009. Hunter ER Update - When Can Employees Demand Flexible Working Hours

Social, Community, Home Care and Disability Services Industry Award 2010

Hearings and submissions are continuing before Vice President Gibian of the Fair Work Commission in relation to three related applications. These matters relate to coverage of Therapeutic Carers, sleepover arrangements, 24 hours care, rest breaks between work, overtime and penalty rates. Hearings are currently underway and the matter appears to be extensive.

Please contact Michael if you require more information on this matter.

Part-time Employment Review

The Fair Work Commission has foreshadowed it will review Award part-time employment provisions as an outcome of the Modern Awards Review 2023-2024.

The test case is likely to be initiated early in 2025.
Once this matter has been determined via a test case it is likely to flow to other Awards later in 2025. There is some potential for it to flow on to non-Award employees via a change in the Fair Work Act meaning it will cover all part-time positions.

Action: no employer action required at this time.

ACTU Reproductive Health Leave Campaign

The ACTU is pressuring the Government to amend the National Employment Standards to provide for 10 days paid leave to allow employees to have time off and flexible work arrangements to deal with a range of reproductive health issues.

Reproductive health issues include menstruation, pregnancy, contraception, miscarriage, perimenopause, menopause, chronic conditions such as poly-cystic ovarian syndrome and endometriosis, hormone therapy and fertility issues, as well as vasectomy, hysterectomy, terminations, and breast and prostate cancer screenings.

In October 2024 the previous labour government provided public sector employees in Queensland with 10 days paid reproductive leave.

An interim study report commissioned through the Curtain University Economics Centre estimated the lack of such an entitlement cost the economy $26.55 billion annually due to absenteeism and loss of productivity at work. The cost of the scheme as a universal entitlement was estimated at $920million per year.

It is unknown whether this change would occur via changes to the National Employment Standards in the Fair Work Act or through an Award test case process in the Fair Work Commission. Given the large number of employee and union friendly changes that have occurred in the last 12 -24 months it is likely the ACTU claim will be looked at seriously by the Government. However, it appears unlikely anything will change before the next Federal Election which must be held before 17 May 2025. Alternatively a test case could be initiated in the Fair Work Commission. 

Action: no employer action required at this time.

Workplace Gender Equality Amendment (Setting Gender Equality Targets) Bill 2024

The Government has introduced a new Bill to Federal Parliament to amend the Workplace Gender Equality Act 2012 focused on establishing Gender targets in workplaces.

Failure to achieve the targets may impact a business’s ability to obtain Government work as well as being publicly named by WEGA (the Workplace Gender Equality Agency).

The changes will require employers with more than 500 employees to provide a range of information related to workforce gender balance, gendered remuneration, flexible working arrangements and sexual harassment.

Action: Action is only required where a business employs more than 500 employees. Other employers can ignore this change at this time. (I would not be surprised that the 500 employee cut off number will progressively drop in the future requiring smaller employers to provide similar data.)

Payday Superannuation

The Government has announced changes that will require all employee superannuation payments to be made on the same day as wages are paid to the employee.

This change will commence 1 July 2026.

Action: This will affect all employers making the SGC Superannuation contributions on behalf of their employees.

More information – ATO superannuation

Changes Partially Implemented

Casual Employment Changes

• Casual Definition
• Casual Conversion
• Information Statement 

The Fair Work Act 2009 has been changed to provide for a new casual definition based on a ‘firm advance commitment to continuing and indefinite work’.

Secondly the new casual conversion process allows employees to request conversion to permanent full time or part time employment. 

Employers must provide the Casual Employee Information Statement to all casual employees at specific points in time. 

The changes commenced 26 August 2024 for larger employers. The changes will apply to smaller employers from 26 February 2025. Further transition dates apply.

Action: Employers who employ casuals or intend to, need to make themselves familiar with the changes. Changes apply to Award and non-Award casual employees.

Action: Please email Michael to request a copy of the Hunter ER - Casual Employment Employer Guidelines to be sent to you.

Right to Disconnect

Changes to the Fair Work Act 2009 have created a formal right to disconnect from work outside of their usual work hours. These changes have now been inserted into all Modern Awards.

This change became operative from 26 August 2024. For non-small employers the changes will commence from 26 August 2025.

Action: Applies to Award and non-Award casual employees. Employers should check their applicable Award. As it is a term of the Fair Work Act it also affects non-Award employees.

Hunter ER Update Right to Disconnect From Work After Hours

Changes That Have Commenced

Review of Entry Level C13 and C14 Wage Rates

The Fair Work Commission has reviewed the C13 and C14 Wage rates in Modern Awards. The original C13 and C14 rates were set in the Metal Industry Award (now called the Manufacturing and Associated Industries and Occupations Award 2020) review in the 1990s. Multiple Awards have a C14 equivalent entry level rate but no clear transition to level C13. This application provided transition guidelines and timeframes.

Award changes will take affect for most Awards from 1 January 2025.

As of 1 January 2025 the changes became effective in 45 modern Awards that use the C13 and C14 standard rates (or their equivalent) as their lowest and entry level classifications. Any C14 equivalent Award will now have a defined transition period.

Action: Employers should review their applicable Award to determine the impact of these changes at the lower classification levels.

Criminalising Wage Underpayments

Where an employer intentionally engages in paying an employee incorrectly this will now be classed as a criminal offence. The legislative changes provide for very large penalty payments and or prison sentences up to a maximum of 10 years.

Small business employers can’t be referred for criminal prosecution if they have complied with the Voluntary Small Business Wage Compliance Code. An example of a matter that may be relevant to assessing whether the failure to pay the applicable amount was intentional is whether the small business employer sought information or advice from reliable sources.

This change became effective from 1 January 2025

Action: While we understand that most employers do not intentionally underpay employees there can be substantial cash flow issues if you are required to make back payments for up to 7 years for affected employees due to an error.

It would be better to determine that wages are being paid correctly or not through a desktop audit rather than have a union or the Fair Work Ombudsman make this discovery for you.

Hunter ER Update Wage Theft – A New Label for Payroll Errors

Independent Contractor Rights Under the Fair Work Act

As of 26 August 2024, new protections commenced for independent contractors (non-employees) in relation to alleged unfair contracts.

The changes give the Fair Work Commission, which has traditionally been concerned with the employee – employer relationship, a new jurisdiction for dealing with contractor disputes between principals and independent contractors.

Independent contractors who earn below $175000 per annum are able to apply to the Commission to vary or set aside all or part of a contract if it is deemed unfair.

Only terms relating to ‘workplace relations matters’, as would be seen in an employment relationship, can be challenged. The Fair Work Commission is expected to progressively define what this means in relation to an independent contractor. The Commission will focus on a range of matters with particular emphasis on any imbalance between the rights and obligations of the parties.

Action: Business who engage independent contractors need to ensure the independent contract is compliant in relation to the specific principles the Commission would examine. (Please contact Michael if you required more detail or guidance on this issue).

Union Right to Investigate Underpayments – Exemption to 24 Hours Notice

Unions can make an application to the Fair Work Commission for an exemption to the usual 24 hours’ notice requirements to enter a workplace. The Commission will be obliged to provide the waiver if it is satisfied that an underpayment of wages has occurred to a member of that union.

This means union officials can turn up on your doorstep without notice and seek information on wages paid to determine whether an underpayment as occurred.

Employers are also prohibited from acting inappropriately towards a union official where an exemption has been provided.

This change took effect from 1 July 2024

Action: Undertake an audit to ensure your employees are correctly paid. Facilitate union entry and review of pay records where the exemption has been properly provided.

Hunter ER Update- Union Right to Investigate Underpayments

Labour Hire - Regulated Labour Hire Arrangements Orders

From 1 November 2024 the Fair Work Commission commenced making Orders for labour hire workers to be paid the same rate of pay (‘protected rate of pay’) that is paid to the staff who are directly employed and undertaking the same work. It is important to note this applies to supplying labour and not to supplying services.

Unless such an Order is made the employees of the labour hire employer will legally be required the applicable rate in their Enterprise Agreement or Award. It is usually the union covering the labour hire employees who would be seeking such an Order.

The protected pay rate would typically include loadings, allowances, penalty and overtime rates of pay. The Fair Work Commission cannot make an Order in relation to Small Business employers.

This change commenced on 1 November 2024

Action: Employers who engage labour hire on the same rate of pay as their directly employed employees do not have to take action. Those who pay labour hire less than directly employed persons may be required to pay the same through a Fair Work Commission Order. Orders are usually initiated by a union.

Hunter ER Update Labour Hire Workers – Equal Pay Rules

Useful Data

CPI Data – December Quarter 2024

The ABS December quarter consumer price index rose 0.2% and 2.4% annually. This is a reduction from 2.8% in the September quarter. 

Underlying inflation (also referred to as the trimmed mean) for the December quarter has eased to 3.2%.  

The Reserve Bank of Australia uses the trimmed mean — which removes the biggest price swings — to measure underlying inflation. It grew 0.5 per cent in the December quarter, the ABS said.

The trimmed mean excluded price falls in both Electricity and Automotive fuel this quarter, alongside other large price rises and falls. As a result, trimmed mean annual inflation of 3.2 per cent was higher than CPI inflation of 2.4 per cent. 
Source SBS 

Wage Increase Data

The ABS September quarter Wage Price Index Recorded an annualised wage growth of 3.5% slowing from the 4.1% recorded over the year to June 2024.  (unchanged from Dec 2024 Review) 

The December quarter Wage Price Index will be released in February 2025. 

Disclaimer
The above information articles are general in nature and do not constitute advice. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this article is accurate at the date it is received or that it will continue to be accurate in the future. Should you require advice or guidance in relation to any of the above (or other employee relations topics) please contact Michael Schmidt to discuss your particular circumstances.