Are workplace changes for the better?

About this report

The Australian Human Resources Institute has just released a report titled “Recent Employment Legislation: What do Employers Think?” . It sets out the findings of a study that it conducted this year via a survey of 600 employers and 6 subsequent focus groups relative to reforms introduced through the Albanese Government’s  Fair Work Legislation (Secure Jobs, Better Pay) Amendment Act 2022 and the Closing Loopholes Acts of 2023 and 2024.

The reforms covered included:

1. Respect at work
2. Flexible working
3. Fixed-term contracts
4. Casual employment
5. The right to disconnect
6. Prohibition of pay secrecy clauses
7. Wage theft.

What were the key findings 

Interestingly, much of the commentary centred on the perception that having these things legislated forced organisations to review their policies and practices. In other words, they did it because it was a compliance issue.

And then, when they did review them, they found that there were some real positives. For example:

•  58% said that legislating the right to disconnect had increased employee engagement and productivity levels
• 77% said they employ casual staff and 68% said they would be more likely to engage casual staff as a result of the changes to the rules on casual employment
• 71% of employers reported a positive impact from legislation of the limitations on fixed term contracts resulting in more permanent employment.
• 75% of employers support the addition of reproductive health as a protected attribute in anti-discrimination laws 
• 48% of employers say they would like to see the right to request flexible working arrangements extended to all employees (not just those currently protected such as parents and carers and those with a disability or those over 55 or those experiencing domestic violence)

Our thoughts

Based on those findings, you would have to conclude that the Albanese Government’s reforms in these areas have been overdue and necessary and have been good for employee engagement and productivity.

The proportion of employers who say they support extending “the right” to request a flexible working arrangement to all employees does seem to be at odds with all of the media talk about employers implementing back to the office mandates.

It is also interesting in the context of the Victorian Government’s proposed legislation to mandate a right to work from home for 2 days per week on Victorian employers and the pushback that there has been against that legislation. 

Then there is the recent case of Westpac refusing a request for a flexible working arrangement and losing the argument in the Fair Work Commission.

Flexible working is here to stay and so we need to adapt……to the degree that is practicable and sometimes it won’t be.

If you need someone to talk through the issues and options for your business, we would be happy to help.

Please call us on 0438 533 311 or email enquiries@ridgelinehr.com.au if you want to explore how we might be of assistance with any issues like this in your business.