New Employment Standards Legislation

The Parliamentary Select Committee has reviewed the proposed new legislation, which will be considered in Parliament shortly.

The new Bill is an omnibus piece of legislation that amends various other legislative enactments affecting employment relations and employment standards.

The Bill seeks to achieve fairer and more productive workplaces in three distinct areas:-

• Explaining eligibility for the parental leave scheme;
• Enhancing the enforcement of employment standards;
• Prohibiting certain unfair employment practices that lead employees to bear disproportionate obligations compared to their employer.

There are:-

• New provisions restricting what are colloquially known as “zero hour contracts”;
• New requirements regarding hours of work and availability of employees to be called to work;
• New provisions regarding cancellations of shifts;
• Limitations on the right of an employer that prohibit or restrict an employee’s secondary employment;
• Clarifications on an employer’s right to deduct wages in certain conditions.

The Court will be given significant new powers including in relation to penalties and what are to be called “banning orders” which, amongst other things, will prohibit individuals from employing anyone or being involved in the hiring of employees.