The Albanese Government has had a landslide victory at the federal election – so what does that mean for employers?

One thing that this resounding election victory for Labor signals is that we have certainty about what the future of federal government looks like for at least the next 2 terms.

The Liberal/National Coalition is in disarray and its agenda, attitude and culture have been emphatically rejected by the Australian people.

I believe that our democracy is healthier when we have a strong Liberal Party as a responsible and influential balance in Parliament. So this is a sad state of affairs and it does mean that it will be years before we can hope for that to happen with what they have left in the Parliament.

So what does that mean if you are an employer?

Accept reality

If you were banking on the cavalry arriving via the return of a coalition government, forget it – it ain’t happening and won’t be for the foreseeable future.

So, all of those changes that Labor has made to employment laws in the last 3 years and which have flown on to modern awards are here to stay.

The right to disconnect (which for most businesses isn’t really a problem if they understand properly how it works) is staying.

Wage theft as a criminal offence (which is only a problem for someone who knowingly and deliberately rips employees off) is staying.

Employee expectations about flexible and hybrid working are also here to stay judging by the public backlash against the Coalition’s rhetoric on getting people back to the office and their subsequent and embarrassing backflip on that policy.

The demographic has shifted – we now have more millennials and Gen Zs and younger than Baby Boomers in the workforce and they are demanding honesty and transparency and purpose. So it is time to rethink your value proposition as an employer if you are going to attract and retain the talent you need and have a productive and happy workforce.

What else is coming?

The Albanese Government has already done most of what it wants to do in relation to changes to employment laws.

It has already forecast two areas for change:

• The prohibition on restraint clauses in employment contracts for people whose remuneration is less than the High Income Threshold; and
• Legislating protections of penalty rates due to some employer associations making application to the FWC to vary awards via annualised wage arrangements that might provide relief from penalty rates

There are also further reviews going on in the Fair Work Commission relative to Gender Wage Equality and with respect to “work and care” and they could deliver more changes in the next year or two.

The other area that businesses of all sizes need to be paying attention to are the positive duties which have come into play federally in relation to the prevention of sexual harassment and gender-based behaviours and, by State or Territory, in relation to the elimination or control of psychosocial hazards

In Queensland, the positive duty to prevent sexual harassment etc has also been subject to State legislation with all businesses having to assess risk sand put in place control plans by 1 March 2025.

What employers need to do

We developed our HEART model to provide simple guidance on the steps that organisations now need to take to be able to demonstrate true compliance in the new positive duty regime. It provides a roadmap for transparency and engagement as well as for effective compliance.

HONESTY

Educate yourself about what psychosocial hazards and sexual and other forms of harassment and discrimination are. Then have a good hard and honest look at yourself, your policies and practices and your peoples’ behaviour.

ENGAGEMENT

Consult with your people, educate them and listen to what they have to say. Build a culture of collaboration and shared interest.

ACCOUNTABILITY

Develop and implement positive policies and practical procedures to drive positive changes in language and behaviours and hold everyone responsible for playing their part.

REVIEW

This isn’t a transaction – it is a continuing journey and you need to continue to monitor and measure progress in collaboration and partnership with your people.

TRUST

Exercise empathy and vulnerability in leadership. Encourage and recognise diversity and peoples’ contributions and perspectives. Build trust, ensuring psychological safety for all.

Conclusion

We think that the election outcome is a victory for Australin culture and it has no doubt been fuelled by rejection of what we are seeing happening overseas and especially in the USA. We don’t want to be like that.

It is also a great opportunity for all leaders in business to take stock of exactly how aligned their workplace behaviours are with the desired Australin cultures.

Rather than thinking of the positive duties that have been introduced as just more compliance burdens, look at them as opportunities to explore, reflect and improve workplaces to be the best that they can be…..where people want to work.

If you would like to explore ways to take positive action to deal with all of these challenges, check out our suite of PosWork services at poswork.com.au or call us on 0438 533 311.