2016 promises to hold further changes in the employment and WHS space.
Some key areas we are already aware of include:
Annual Leave: More flexibility as new provisions for annual leave are introduced for award covered employees. This includes the ability to direct an employee to take annual leave where 8 weeks has been accrued, though certain conditions will apply, and the ability to cash out annual leave.
Time off in Lieu (TOIL): Reduced operating costs as TOIL provisions are inserted into awards. There will be a financial incentive to employers to enter into a TOIL agreement as TOIL is calculated at the ordinary time rate ie one hour for each hour worked.TOIL can be more valuable than extra money to some employees and so the new clause could prove attractive to both employees and employers.
Domestic Violence Leave and Polices: Greater pressure for employers to introduce paid domestic violence leave of up to 10 days each year. Increasingly this is gaining traction in workplaces and with the ACTU lodging a claim this month with the Fair Work Ombudsman we should expect this to be the subject of a considerable campaign. A number of large employers, such as Konica Minolta, have already introduced these provisions.
Drug & Alcohol Testing: Increased scrutiny on alcohol and drug testing following mandatory testing of contractors working on publicly funded construction sites last October. Organisations where trucks and other heavy equipment are operated are likely to come under pressure to introduce something similar.
Though some of these changes will initially only affect award covered employees, it is much more equitable and easier to administer if consideration of these is rolled out for all employees.