After securing the support of two independent senators and the Greens, Labor has passed its contentious industrial relations reforms.
Undoubtedly the most contentious issue has been the “right to disconnect,” effectively giving workers the right to ignore any messages or calls from their employer after they have finished work for the day.
More Laws Governing Gig Economy Workers
Parties will be able to apply to the Fair Work Commission (FWC) for orders setting minimum standards in the gig economy.These might cover pay, penalty rates, superannuation, payment terms, record-keeping, insurance, and deactivation (the process of removing a gig economy worker from an app).
The reforms are limited to workers employed by digital platforms.
They are seen as having low bargaining power, little control over their work, and are often paid rates below that of comparable employees.
The workplace relations minister, currently Tony Burke, also has the power to make regulations that could bring platforms within the scope of these provisions.
Independent Contractors to be Covered by the Fair Work Commission
While contractors’ rights are unchanged, those below a high-income threshold will be able to take disputes to the Fair Work Commission instead of a court.More Rights for Casual Workers
It will become easier for casual employees to convert to full-time work if they choose.Those who work full-time hours would be able to access leave entitlements and guaranteed hours if they change their employment status.
Underpayment Now Illegal
It will now be a criminal offence to deliberately underpay workers.Employers who do so could face jail terms of up to 10 years and maximum fines of up to $7.8 million, or three times the amount that was underpaid if that amount exceeds the maximum fine.
Labour Hire Arrangements to be Covered by ‘Same Work, Same Pay’ Rule
If an employer already has a collective pay deal and has brought in workers from a labour-hire company, then employees, unions, or the hire company can ask the Fair Work Commission to ensure that the temporary workers are paid the same rates.However small businesses are exempt, as are labour hire contracts lasting less than three months. FWC orders will only apply to pay, and not to non-monetary benefits.
Expanded Right-of-Entry Powers for Unions
Currently, union officials have the right to enter a workplace to investigate potential breaches of the Fair Work Act provided they give 24 hours’ notice, though the Fair Work Commission can waive this requirement because of concerns about possible document destruction.Changes to Bargaining
There are numerous changes to bargaining between workers and employers.Extra Laws for the Road Transport Industry
The Fair Work Commission will be empowered to set minimum standards for the road transport industry, including the charge-out rates of independent contractor owner-drivers, and therefore their rate of pay.There is a requirement for genuine consultation with parties including the road transport advisory group.