Employment Point-in-Time Service Updates

The Employment Point-in-Time Service has been updated to include the Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Act 2021 (Cth) (Act 25 of 2021) and the Paid Parental Leave Rules 2021 (Cth).

Act 25 of 2021

An Act to amend the Fair Work Act 2009 to assist Australia’s recovery from COVID-19. The Act supports the Government’s commitment to Australia’s jobs and economic recovery, including by:

• providing certainty to businesses and employees about casual employment;
• giving regular casual employees a statutory pathway to ongoing employment by including a casual conversion entitlement in the National Employment Standards of the Fair Work Act 2009.

Paid Parental Leave Rules 2021

These Rules replaces the Paid Parental Leave Rules 2010 (the 2010 Rules) which are due to sunset on 1 April 2021. The Rules substantially replicate the 2010 Rules in their operation; however, structural changes have been made to optimise readability and usability.

The Rules are made for a number of purposes required or permitted
by the Act. The Rules:

• prescribe additional categories of eligibility for Parental Leave Pay (PLP);
• prescribe exceptional circumstances in which claims for PLP may be made;
• prescribe what is paid leave or paid work for the purposes of the work test;
• prescribe the process for determining a claim to have different flexible Paid Parental Leave (PPL) days;
• prescribe circumstances in which claims can be made for Dad and Partner Pay;
• prescribe the information to be provided by an employer to their employee and by the Secretary to a claimant in relation to PLP and the records to be kept by the employer;
• prescribe guidelines for the exercise of the Secretary’s power to give certificates for the disclosure of information;
• prescribe a settlement interest rate; and
• extend the operation of the employer role under the Act to include persons who are in a relationship that is similar to the relationship between an employer and an employer, including state law enforcement officers, Australian Federal Police officers and defence force members.

These amendments have been updated in the Point-in-Time Employment Service current to 18 April 2021. (Note: Subscription required).

If you are not already a subscriber to this or other Point-in-Time Services then please contact us to find out more or to take a free trial.