When you employ staff in Australia, you must take steps to comply with the latest workplace relations laws. 

In 2022, some of these regulations have changed. Here’s what you need to know about the latest updates if you employ people in this country. 

Workplace relations law in Australia

Australian workplace relations laws are in place to protect the rights of Australian employees. They fall under three main categories:

– Legislation 

– Industrial instruments

– Common law

Many laws protecting Australian employees also fall under the Fair Work Act 2009, which covers the majority of workers in Australia and protects their minimum terms and conditions.

It is important to be aware that the Fair Work Act does not cover every industry. What’s more, some requirements differ from state to state.

Recent changes to Australian workplace relations laws

As of 2022, any company that employs Australian workers must be aware of several significant changes to Australian workplace relations laws.

Vaccination policy

Less a change and more a confirmation, The Fair Work Commission recently concluded a case that confirmed mandated vaccination policies are not unlawful. Based on the outcome of this case, an employer is entitled to implement a mandatory vaccination policy, even if there are no standing public health warnings. 

While the case was specific to the Australian Submarine Corporation (ASC), the ruling will most likely be held as a precedent should other cases arise. If your workplace is considering imposing a mandatory vaccination policy, it is worth noting the following conditions of the recent ruling:

– Employees must be given time to either comply with the mandate or to decide to take other action.

– The ASC is expected to review the policy after 12 months as the impact of the pandemic is rapidly changing

– The ASC also must consult on mandatory booster requirements before making them mandatory.

Mandatory vaccination is an evolving area of workplace relations right now. Check in with your Australia PEO for the latest information if you are considering a policy change. 

Domestic violence leave

Another update to Australian workplace relations laws that is on the way is the implementation of domestic violence leave. The new Labor government intends to add ten days of extra leave for sufferers of domestic violence. A late addition to the plan also allows leave for casual workers who suffer domestic violence.

This leave is intended to create a safety net for victims of domestic and family violence. Knowing they have the leave means they can take time off to escape their dangerous circumstances without fearing losing their jobs.

Return to Work Laws

In South Australia recently, return to work laws regarding injury claims have been given a shake-up. Previously, each injury was assessed and given a percentage rating, with 5% or more being the lowest threshold for a lump payment and 30% or more being labelled as a serious injury. 

Now workers can combine multiple injuries to create a sum percentage. So, an ankle injury of 3% and a shoulder injury of 29% will generate a total of 32%. Workers who meet the criteria for serious injury may be entitled to help with their medical expenses and weekly income maintenance. Workers with less than 30% may only be entitled to a lump sum payment.

Minimum wage

As of July 1st 2022, the Fair Work Commission has implemented a 5.2% increase in the National Minimum Wage. They have also increased modern award minimum wages so wages under $869.60 will attract an increase of $40 a week, and wages above $869.60 will increase by 4.6%.

The high-income threshold

The high income threshold restricts an employee’s access to an unfair dismissal claim (unless they are covered by an enterprise agreement/award). 

Until July 1st 2022, the high-income threshold was $158,500 per annum, but it has now risen to $162,000 per annum. The compensation limit for unfair dismissal has also increased as of July 1st, now coming in at $81,000.

Superannuation

This year also sees a rise in the minimum superannuation guarantee from 10% to 10.5%. The superannuation contribution base has also increased to $240,880 per annum, and there is no longer a minimum threshold except for persons under 18 years of age who are required to work at least 30 hours a week to obtain contributions.

Need to know more about Australian workplace relations laws? Contact APEO today.