The briefing prepared by Adam Foster (partner) and Nicholas Bolton (lawyer) for charities and not‑for‑profit (NFP) employers analyses the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, the most consequential amendment to the Fair Work Act since 2009. It outlines the amendment’s purpose – to balance fairness, job security, gender equality, flexibility and productivity – and then details a series of reforms that directly affect NFPs. Key reforms include: (1) the introduction of "supported bargaining" and expanded "single‑interest employer authorisations" that allow multi‑employer bargaining in low‑paid industries; (2) the creation of cooperative workplace agreements and a new intractable‑bargaining regime with a minimum bargaining period; (3) new enterprise‑agreement approval requirements (a statement of principles) and tighter termination rules; (4) the automatic sunset of pre‑2010 “zombie” agreements with limited extension powers; (5) a revised Better‑Off‑Overall Test (BOOT) that gives primary weight to common‑view assessments and a global, rather than line‑by‑line, analysis; (6) labour‑hire reforms imposing a "same job, same pay" obligation, national regulation and limited exclusions; (7) limits on fixed‑term contracts (max two years or two consecutive contracts) with specific exceptions and civil penalties for breaches; (8) a statutory definition of casual employment, a casual‑loading set‑off provision and mandatory conversion offers after 12 months of regular work; (9) expanded flexible‑work request rights covering pregnancy and domestic‑violence situations and a clarified dispute‑resolution pathway; (10) the Fair Work Ombudsman’s enforcement focus on high‑impact, non‑compliant employers; and (11) a new statutory right to disconnect, defining unreasonable refusals and obliging employers to adopt policies. The paper provides practical compliance steps, timelines (e.g., 6‑month preparation for most employers, 12‑month for small businesses), and highlights sector‑specific implications for charities and NFPs.
Topics
Supported and Single‑Interest Bargaining – Multi‑Employer Mechanisms for Low‑Paid Industries
Details the new "supported bargaining" regime and the broadened criteria for single‑interest employer authorisations, including application requirements, employer consent, and exclusion rules.
Cooperative Workplace Agreements and Intractable Bargaining Reforms
Introduces voluntary cooperative workplace agreements and replaces old breach declarations with an intractable‑bargaining regime, including a minimum bargaining period.
Enterprise Agreement Approval and Termination Safeguards
Mandates a statement of principles for genuine employee agreement, outlines new approval criteria, and restricts unilateral termination of expired agreements.
Sunsetting of Pre‑2010 “Zombie” Agreements
Sets an automatic expiry date for agreements made before the 2010 safety net, outlines notification duties, and defines limited extension powers for the FWC.
Revised Better‑Off‑Overall Test (BOOT) – Primary Consideration and Global Assessment
Amends BOOT to give primary weight to a common view of bargaining representatives, require a global rather than line‑by‑line test, and allow FWC amendment of terms that impede BOOT compliance.
Labour‑Hire Reforms and “Same Job, Same Pay” Obligation
Imposes equal‑pay requirements on labour‑hire workers, outlines criteria for identifying the same job, and notes exclusions for small hosts and short‑term contracts.
Restrictions on Fixed‑Term Contracts – Duration Limits and Exceptions
Limits fixed‑term contracts to two years or two consecutive contracts, lists permissible exceptions, and describes penalties for non‑compliance.
Statutory Definition of Casual Employment and Conversion Rights
Provides the three‑part definition of casual employment, introduces a casual‑loading set‑off, and mandates conversion offers after 12 months of regular work unless reasonable grounds exist.