Employment Landscape

This Australian state proposes new bill for employment modernisation and worker safety

The Western Australian government has taken a significant step toward improving the working conditions of employees with the introduction of the Industrial Relations Legislation Amendment Bill 2024. Announced in State Parliament on Wednesday, the bill aims to modernise the state's industrial relations system, bringing it more in line with national standards and enhancing protections for workers.

One of the key provisions of the new bill is an increase in the casual loading for minimum wage workers, which will be raised to 25%. This amendment to the Minimum Conditions of Employment Act 1993 is designed to provide greater financial security to casual workers by aligning Western Australia's labour laws with those of the national system. The state government highlighted the importance of this move, stating that it will ensure casual workers receive fair compensation for the uncertainty and lack of benefits often associated with casual employment.

In addition to wage improvements, the bill places a strong emphasis on addressing workplace sexual harassment. The proposed legislation seeks to explicitly prohibit sexual harassment in Western Australian employment laws, a move welcomed by advocates for safer workplaces. "All Western Australians have the right to a workplace that is free of sexual harassment, and this Bill will help enshrine that right in State employment laws," said Industrial Relations Minister Simone McGurk.

The legislation also introduces measures to further protect employees by creating a new right for workers to request flexible working arrangements. This provision aims to offer greater work-life balance, allowing employees more control over how and where they work. Such measures have become increasingly important as workplaces adapt to the post-pandemic shift toward flexible working environments.

Additionally, the bill addresses a growing concern about the misclassification of workers as independent contractors or casual employees. By amending the Industrial Relations Act 1979, the new law aims to safeguard workers from being artificially labelled in these categories to avoid providing them with appropriate benefits and protections. This change is seen as a step toward ensuring that all workers receive fair treatment and are not denied the rights and entitlements of full-time employees.

In an effort to streamline the industrial relations framework, the bill also proposes the abolition of the Public Service Arbitrator and the Public Service Appeal Board. These constituent authorities will have their jurisdiction transferred to the Western Australian Industrial Relations Commission (WAIRC), simplifying the state's industrial relations structure. The consolidation of these bodies is expected to reduce bureaucratic complexity and improve the efficiency of dispute resolution for public sector workers.

To further ensure compliance with state employment laws, the bill includes provisions for increased penalties for employers who contravene these laws. This measure is intended to deter unlawful practices and encourage businesses to adhere to the new standards set out by the legislation.

"This legislation improves minimum conditions of employment and protections for workers, while also modernising key elements of the state industrial relations system," said Minister McGurk. The bill, if passed, will represent a comprehensive update to Western Australia's industrial relations framework, offering greater rights and protections for workers across the state.

The Industrial Relations Legislation Amendment Bill 2024 marks a significant milestone in the state's efforts to create fairer, safer, and more flexible workplaces, ensuring that employees are better protected and compensated in an evolving labour market.

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