The impact, effectiveness and consequences of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 and the Fair Work Legislation Amendment (Closing Loopholes Act) 2023 are detailed in this review, whose preliminary findings show the reforms to be broadly appropriate and effective. The draft report provides an opportunity for feedback on the findings and 19 draft recommendations. 

The report considers various aspects of the legislation including institutional changes, bargaining and agreements, advancing wages, improving job security, closing the gender pay gap and improving gender equality. 

The authors emphasise two contexts that had an impact on the review: a highly adversarial environment, combined with limited time and data to assess the amendments. As a result, they strongly recommend a subsequent review once the gaps in the data have been addressed and additional evidence is available.

Key recommendations

• Consider utilising the National Construction Industry Forum (NCIF) as a model forum to advise the Australian Government on other industries.
• The Fair Work Commission (FWC) should continue its program of work to advance gender equality, particularly by addressing the low pay in other female dominated sectors.
• Actively monitor bargaining outcomes in sectors that receive significant increases to modern award rates of pay due to gender undervaluation.
• Undertake further research and consider whether it is appropriate to extend the protected attributes in the Fair Work Act to cover perimenopause and menopause, as well as other reproductive health issues.
• Reconsider the approach to limiting the use of fixed term contracts.
• The Fair Work Ombudsman (FWO) should engage with job advertising platforms and other technology stakeholders to ensure that all job advertisements include accurate and lawful information.
• The FWC should implement an automatic language translation tool on its website and investigate whether such tools could be used to translate materials into First Nations languages.