The cumulative effect of these legislative reforms represents the biggest changes to workplace laws in the last 25 years and goes a long way to restoring fairness and a level playing field for employees.
Australian Council of Trade Unions (ACTU) Secretary Sally McManus said the passing of the bill in two parts (the first in December 2023 and the second in February 2024) resulted from union members’ campaigning to ensure fair wages, secure jobs and better working conditions.
“The Australian public understands that this legislation delivers better rights for workers, which deliver better wages during the cost-of-living crisis,” Ms McManus said.
“These changes will make work a safer place to be and give workers a pay boost at a time where they really need it,” she said.
Right to disconnect
Many Closing Loopholes Bill reforms are most relevant to jobs and industries outside the non-government education sector; however, two key changes are significant wins for IEU members nationwide.
IEU Federal Secretary Brad Hayes said having the ‘right to disconnect’ now enshrined in legislation was a major win for IEU members facing unrelenting workloads.
“This right to refuse work-related contact outside normal hours builds on similar protections won by IEU members in Queensland Catholic schools as part of their new collective bargaining agreement,” he said.
“The new federal ‘right to disconnect’ takes effect later this year and will apply to all Australian workers.
“It is long overdue confirmation that employees deserve family and leisure time free from work demands and interruptions.
“Employer requests, parental queries and student contact regularly encroach on staff’s personal time.
“Concerns have accelerated with the growth of mobile technology and assumed 24/7 connectivity.
“Teachers are not permanently ‘on call’.
“They need a break from work; they need valuable downtime.
“While there is still much to be done to address workload pressures in schools, a ‘right to disconnect’ will help overworked school staff by providing a right to refuse to monitor, read or respond to employer or work-related contact after hours or on weekends,” Mr Hayes said
Mr Hayes said a major cultural shift in schools was needed to build greater respect for education professionals’ private time and wellbeing.
“Our school communities – including employers, parents and students – will need to come together to ensure a clear understanding and compliance with these important new parameters,” he said.
Delegates’ rights
The other key win for IEU members is enhanced delegates’ rights.
Workplace delegates, such as Chapter Representatives, are critical to fair and cooperative workplace relations and ensure open lines of communication between management and staff.
A workplace delegate is entitled to represent members’ industrial interests, including in disputes with an employer.
To facilitate the exercise of this representational right, a workplace delegate is entitled to:
- reasonably communicate with current or potential members about their industrial interests;
- to represent those interests, have reasonable access to the workplace and any facilities where the relevant enterprise is being carried on; and,
- have reasonable access to paid time off, during normal working hours, to undertake training in their role – unless the employer is a small business.
All members of a union Chapter are union delegates with these rights and protections.
When delegates are supported, workplaces are fairer, and the exploitation of staff is more easily preventable.
Our non-government schools and kindergartens sector has successfully developed delegates’ rights in some schools through collective bargaining; however, most Australian workplaces do not have any formalised delegates’ rights.
Wins for workers
Key wins for all Australian workers in the new laws are:
- Civil penalties for wage theft and criminalising intentional wage theft – with superannuation theft also included.
- Criminalising industrial manslaughter.
- A genuine pathway for casual workers to transition to continuing (permanent) positions.
- Improved safety standards and work rights for gig workers.
- Closing the labour-hire loophole will mean better pay for labour-hire workers who companies like BHP and Qantas bring in to drive down wages in their industries.
- Introducing better support for first responders diagnosed with Post Traumatic Stress Disorder (PTSD).
- Strengthening protections against discrimination for employees experiencing family and domestic violence.
- Including silica-related diseases and safety within the Asbestos Safety and Eradication Agency.
- Enhanced rights for transport workers.
