New Employment Law Changes in South Australia – What You Need to Know

Employment Law Changes in South Australia – What You Need to Know

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The employment landscape in South Australia is continually evolving, and keeping up with legal changes is essential for both employers and employees. Recent updates in employment law have introduced significant reforms that impact various aspects of the workplace, from minimum wage increases to enhanced employee rights. These changes are designed to improve working conditions while ensuring businesses remain compliant with their legal obligations.

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At Mahony’s, we are committed to helping you understand these updates and how they may affect your business or employment. In this article, we explore some of the key changes to South Australian employment law and what they mean for employers and workers across the state.

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1. Minimum Wage Increases

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One of the most significant updates is the increase in the minimum wage for workers across South Australia. The Fair Work Commission has introduced annual wage reviews, ensuring that wages keep pace with inflation and the cost of living. The latest increase sees the minimum wage rise to $882.80 per 38-hour week (or $23.23 per hour) for full-time employees.

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For employers, it’s crucial to update payroll systems and ensure all employees are paid in line with the new rates. Failure to comply with the new wage laws can result in penalties. For employees, this increase ensures fair compensation, especially in industries where minimum wage is standard.

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What You Should Do:

• Employers: Review your payroll practices and ensure all staff are receiving the correct wage based on the updated rates.
• Employees: Ensure you are being paid correctly. If you are not receiving the new minimum wage, it may be time to discuss this with your employer or seek legal advice.

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2. Flexible Working Arrangements

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Another significant change is the increased emphasis on flexible working arrangements. South Australian employees now have more rights to request flexible working conditions, particularly for those with caregiving responsibilities, disabilities, or health conditions. Employers are legally obligated to consider these requests and can only refuse on reasonable business grounds.

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Flexible working can include changes in hours, location (e.g., working from home), or even shifts in duties. This change reflects the growing need for work-life balance and the recognition of diverse employee needs.

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What You Should Do:

• Employers: Review your policies on flexible work arrangements and ensure managers are aware of their obligations to reasonably consider these requests.
• Employees: If you have caregiving responsibilities or need flexibility for other reasons, you are entitled to request flexible working arrangements. If your request is unreasonably denied, seek advice on your rights.

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3. Changes to Casual Employment Rights

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There have also been important updates regarding the classification of casual employees. Under the new laws, casual employees who work regular hours over a certain period may be entitled to request a transition to permanent employment. This reform aims to provide greater job security for casual workers who have worked consistently with the same employer.

Employers must now provide casual employees with a written offer to convert to permanent employment after 12 months if the worker has been employed on a regular, ongoing basis. However, the employee can choose whether to accept this offer.

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What You Should Do:

• Employers: Ensure that you are keeping track of casual employee work patterns and are ready to offer permanent positions where applicable.
• Employees: If you have been working regularly as a casual employee for over 12 months, you may be entitled to convert to permanent employment. Consider your options and discuss your rights with your employer.

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4. Sexual Harassment in the Workplace – Stronger Protections

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Recent changes in anti-discrimination laws now place a greater emphasis on preventing sexual harassment in the workplace. Employers are required to take proactive steps to prevent workplace harassment, including implementing and enforcing policies, conducting training, and investigating complaints promptly.

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Employees who experience sexual harassment in the workplace now have stronger legal avenues to seek justice. Under the updated laws, employers may face penalties for failing to address harassment, and employees may be entitled to compensation for harm suffered.

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What You Should Do:

• Employers: Update your workplace harassment policies, provide training, and ensure all complaints are taken seriously and investigated promptly.
• Employees: If you have experienced harassment at work, you are protected by law. Seek legal advice if your employer fails to address the situation or if your workplace is not taking the necessary steps to prevent harassment.

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5. Redundancy and Unfair Dismissal

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Increased attention has also been placed on redundancy procedures and ensuring that dismissals are carried out fairly. Employers must follow proper procedures when making employees redundant, including offering alternative roles within the business (if available) and providing adequate notice.

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Unfair dismissal protections have also been reinforced, particularly for small business employees. Workers who feel they have been unfairly dismissed have the right to lodge a claim with the Fair Work Commission, and employers need to ensure they are adhering to fair dismissal processes.

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What You Should Do:

• Employers: Ensure that you are following proper redundancy and dismissal procedures to avoid unfair dismissal claims.
• Employees: If you feel you’ve been unfairly dismissed, you may have grounds to file a claim. Time limits apply, so seek legal advice promptly.

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Conclusion

The recent changes to employment law in South Australia have a significant impact on both employers and employees. Whether it’s ensuring compliance with wage laws, addressing flexible working requests, or understanding the rights of casual employees, it’s crucial to stay informed about your obligations and entitlements.

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At Mahony’s, we specialise in providing expert legal advice on all aspects of employment law. If you’re unsure how these changes affect your business or your employment rights, we’re here to help.

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Got a question? Ask Mahony’s. Contact our team today to ensure you stay compliant and informed in the ever-evolving landscape of employment law.

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Frequently Asked Questions

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1. How do I know if I’m being paid the correct minimum wage?
You can check the current minimum wage on the Fair Work Commission’s website. If you believe you are being underpaid, speak to your employer or seek legal advice. Employers are legally required to pay all workers at least the minimum wage, which is updated annually.

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2. What are my rights if my request for flexible working arrangements is denied?
If your employer denies your request for flexible working arrangements, they must provide a valid business reason. If you feel your request has been unfairly denied, you can seek legal advice to understand your options, which may include filing a complaint or claim.

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3. Can I convert my casual employment to permanent?
Yes, if you have worked regular hours for the same employer for 12 months, you may be entitled to request a conversion to permanent employment. Your employer must offer this if you meet the criteria, but you can choose whether to accept the offer.

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4. What should I do if I experience sexual harassment at work?
If you experience sexual harassment in the workplace, report the incident to your employer. Employers are legally required to investigate and take action. If the issue is not resolved, or if you feel your complaint has been mishandled, seek legal advice to explore your options for further action.