8 May 2020
Introduction
This week has seen the Federal Government start to lift some of its COVID-19 restrictions, causing employers and industry groups to start thinking about a gradual return to the workplace.
As of Friday, 8 May 2020, the Federal Government have announced that restrictions will start to ease this weekend, allowing gatherings of up to 10 people and allowing some retail and small cafes and restaurants to re-open.
As this new ‘re-opening’ phase begins, guidance from various industries and regulators continues to be released to help employers safely transition their workforce back to work.
Further, the Federal Government has introduced new legislation aimed at ensuring the privacy of data collected by its COVIDSafe App.
More information on the various developments in the employment space this week are outlined below.
A reminder that at any time you can visit our Wellbeing and Culture page, view our webinar series, listen to our podcast channel or read the most relevant COVID-19 legal insights from across our global network.
COVIDSafe App: Privacy and data collection requirements
The Attorney-General has released the draft Privacy Amendment (Public Health Contact Information) Bill 2020 to codify existing protections for individuals’ data collected by the COVIDSafe App.
To be introduced to Parliament next week, the Bill enshrines in primary legislation a biosecurity determination making it a criminal offence to collect, use or disclose COVIDSafe App data for a purpose unrelated to contact tracing.
You can access and review the exposure draft here.
The Federal Government is continuing to refine and clarify elements of the JobKeeper scheme
The Federal Government has introduced the Coronavirus Economic Response Package (Payment and Benefit) Amendment Rules (No. 2) 2020.
This instrument amends the Coronavirus Economic Response Package (Payments and Benefits) Rules 2020 to refine and clarify elements of the JobKeeper scheme to ensure that it most appropriately supports businesses and employees affected by the significant economic impact caused by the Coronavirus (link here). Among other things, the amendments:
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provide a modified decline in turnover test for certain group structures; and
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includes a requirement for employees to notify employees that the employee must give the employer a nomination notice if they wish to be nominated as an eligible employee.
To access this new instrument, please follow the link here.
Guidance published by the Mining and Retail Industries
The Department of Mines, Industry Regulation and Safety has released guidance on managing the risks of COVID-19 in the building and construction industry. You can access this guidance by following the link here.
Similarly, Australia’s key retail industry groups have united to release a Retail Recovery Protocol for COVID-19 to assure the community, including retail employees and customers are safe in retail stores and shopping centres. Please follow the link here for more information.
Fair Work Commission Updates: Reduction in statutory declarations and shortening of EA variation access periods
The Fair Work Commission Amendment (Miscellaneous Measures) Rules 2020 was passed and commenced on 1 May 2020.
The requirement of lodging a statutory declaration has been eased and now requires the lodgement of a signed declaration on matters including applications for:
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approval and variation of enterprise agreements;
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termination of enterprise agreements, collective agreement-based transitional instruments and individual agreement-based transitional instruments; and
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protected action ballet orders.
To access these new rules, please follow the link here.
Additionally, the Fair Work Commission have amended Form F23A (Employer’s statutory declaration in support of variation of an enterprise agreement) to reflect the Fair Work Amendment (Variation of Enterprise Agreements) Regulations 2020. The amendment relates to the shortened access period (from seven days to one day) for variations to enterprise agreements.
This amended form can be found here.
New award variation applications
Fair Work Commission has received three further applications to vary the:
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Social, Community, Home Care and Disability Services Industry Award 2010: the variation seeks to include an hourly ‘COVID-19 care allowance’ of 0.5% of the standard rate under the award for social and community service employees where an employer directs them to work with a client in self-isolation, who has contracted, or suspected to have contracted, COVID-19;
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Fast Food Industry Award 2010: the proposed variation seeks to temporarily allow alternative schemes for part-time employment and allow employers to request employees to take annual leave to the effect that the employee must consider and not unreasonably refuse the request; and
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Vehicle Manufacturing, Repair, Services and Retail Award 2010: the proposed variations include allowing employers to provide directions to reduce the hours of full-time and part-time employees and initiate a close down.
You can find each of these applications here and on the Fair Work Commission’s website.
#EmergingfromtheCrisis video series: Preparing your workforce for the “new normal”
As Australia’s restrictions on movement begin to ease, many organisations are preparing to either return to their physical workplaces or to ramp up their workforces as operations transition into “the new normal”. The transition will take time.
As part of our ongoing #Emergingfromthecrisis campaign, this week our experts share their views on the key issues for Australian organisations to consider as we set out on the quest for a resilient and sustainable future. Click here to view the series.
Legislative protection against mandating use of the COVIDSafe App proposed
To protect individuals from being required to download or use the COVIDSafe app, the Australian Government intends to introduce draft legislation with the Privacy Amendment (Public Health Contract Information) Bill 2020 (the Bill). The Bill aims to “enshrine the determination’s privacy protections in primary legislation.” Click here to read more.
Time to consider IR reforms for the post COVID economy
“The three central pillars of Australia’s industrial relations system have proved that they can act decisively when they have to. But when we ultimately return back to normal, our IR laws will go back to where they were. Anyway, who can tell what will be ‘normal’ in a year’s time?” writes Anthony Wood (Partner, Employment, IR and Safety). Click here to read more.
Weekly Webinar
This week, Danielle Kelly (Global Head of Diversity & Inclusion) interviews Dr Chris Stevens on how we can cultivate a mindset which will best serve us not only during these challenging times but also as we navigate the future.
Dr Chris is a clinician and organisational psychologist whose PhD explored the connection between creativity, innovation and the state of mind which we commonly refer to as being “in flow”. Now, more than ever, people want to work for organisations where purpose and values are at the centre of their work. Dr Chris will talk about the link between purpose and flow and the freeing-up of discretionary effort and innovative practices that this enables.
Click here to access the webinar.
Next week’s webinar will focus on preparing businesses to return to work considerations.
For further information, please contact:
Anna Creegan, Partner, Herbert Smith Freehills
