EP#253 ~ Industrial Relations legislation. How does the Fair Work Ombudsman put policy into practice?

Small Biz Matters: People, Policy, Purpose ~ Episode #253      
Broadcast date: 10 Dec 2024
Host: Alexi Boyd, Small Business Advocate & Policy Advisor
Guests: Anna Booth, Fair Work Ombudsman

It’s been a big year for Small Biz Matters: People, Policy, Purpose and we’re finishing it off with a bang!

This week we welcome Anna Booth, Australia’s Fair Work Ombudsman to discuss the changes to industrial relations legislation and what it means for small businesses now and into the future. And importantly, what does it mean for the Fair Work Ombudsman agency itself?

Industrial relations and the Fair Work Act have always been a minefield for small businesses but the recent changes are really overwhelming and many have said they will avoid employing anyone as a result. The Respect @ Work legislation, changes to Fair Work Act with Same Job Same Pay (tranche one and tranche two), the Right to Disconnect laws, the introduction of Family and Domestic Violence Leave, Psychosocial hazards and positive duty guidelines... it’s not a far-fetched assumption to say it’s a little bit confusing at times and downright out of scope for most.

There’s a lot of speculation in the media (both political and practical) about the impact on small business owners navigating this complex web. Will it mean more owners will shift back to under-the-counter cash in hand wages? With more complexity, will we see more workers vulnerable as small business owners struggle to navigate changes or, is this all a smokescreen and they’re handling it just fine.

Well, the Fair Work Ombudsman’s team is on the front line of these questions from both employers and employees and there to assist both with navigating the complexities. Plus, they’ve made some pretty snazzy changes to their website in order to make it easier.

In the final episode of People Policy Purpose it’s a big show, so let’s get straight into hearing from this week’s expert guest, the Fair Work Ombudsman Anna Booth.

PEOPLE – How would you like to see small businesses become more activated in regards to workplace relations? What sort of education and outreach programs do you currently have to engage with that audience? Where have you noticed small businesses have been engaging to find info on Fair Work?

POLICY -  industrial relations legislation is complex. How does the fair work ombudsman take such complex legislation and translated into procedures that small businesses can follow? What would be your recommendations to small businesses listening as a good place to start? Who are the best advisors to work with, if a typical small business owner can’t afford an HR lawyer on their team? COSBOA launched the PEAK resource for small businesses to navigate IR changes. How does your office interact with support services like this, offered by other agencies?

PURPOSE - can you describe the role of the Fair Work Ombudsman? Is it independent and how do you keep your work at arm’s length from policy makers? Do you influence their decisions and guide on best practice when it comes to considering the small business community in their deliberations?

Anna Booth was appointed to the position of Fair Work Ombudsman for a 5 year term from 1 September 2023.

Under the Fair Work Act 2009, Anna is responsible for promoting harmonious, productive, cooperative and compliant workplace relations. She has extensive and diverse experience in industrial relations spanning more than 45 years, working with unions, private, and public sectors. Anna was most recently Director of CoSolve Pty Ltd. She returned to CoSolve in 2020 after serving as a Deputy President of the Fair Work Commission for 8 years. Before her appointment to the Fair Work Commission, Anna combined her CoSolve directorship with non-executive directorships of ME Bank and IFM and was the non-executive chair of Slater & Gordon Ltd.

Anna spent much of her early career in the union movement. She was the National Secretary of the Textile, Clothing and Footwear Union of Australia and a Vice President of the Australian Council of Trade Unions.

Anna has also been Vice President Corporate Affairs at Sydney Harbour Casino and a lecturer at the Macquarie Graduate School of Management and the Australian Institute of Management. She has served on the boards of Commonwealth Bank of Australia, the Sydney Organising Committee for the Olympic Games and NRMA Ltd.

Anna is an accredited mediator under the National Mediator Accreditation System. She holds a Bachelor of Economics (Hons) from the University of Sydney and is the patron of the Industrial Relations Society of NSW.

The Fair Work Ombudsman’s purpose is to promote harmonious, productive, cooperative and compliant workplace relations in Australia. Their functions are to outline the responsibilities set by the Fair Work Act 2009 to achieve this purpose:

• provide education, assistance, advice and guidance to employers, employees, regulated workers, regulated businesses, persons in a road transport contractual chain, outworkers, outworker entities and organisations
• promote and monitor compliance with workplace laws
• inquire into and investigate breaches of the Fair Work Act
• take appropriate enforcement action
• perform our statutory functions efficiently, effectively, economically and ethically.

To find out more about the Fair Work Ombudsman and how they help small businesses  click HERE