Closing Loopholes: New workplace laws

January 19th, 2024

Closing Loopholes: New workplace laws

There have been changes to the Fair Work Act as part of the Australian Government’s new ‘Closing Loopholes’ laws.

Most of the changes started on 15 December 2023, while others start between now and 2025.

Changes that have started include new:

• Rules for labour hire workers
• Discrimination protections for employees experiencing family and domestic violence.
• Small business redundancy rules.
• Workplace delegates’ rights.
• Right of entry rules.
• Rules for compulsory conciliation conferences in protected action ballot matters.

Also under the new laws, the intentional underpayment of wages will be criminalised. These changes won’t start before 1 January 2025.

Fair Work are currently updating their website information, tools and resources. We’ll have more detailed information soon.

In the meantime, for a detailed summary visit Closing Loopholes: Fair Work Act changes.

Other upcoming changes

Later in December and in early January, some other workplace changes will start:

• From 30 December 2023, new rules apply for employee authorised deductions
• From 1 January 2024, superannuation is an entitlement under the National Employment Standards.

Fair work will have more information available on both of these changes on 2 January 2024, including an updated version of the Fair Work Information Statement.

In the meantime, access a summary at Fair Work Act changes: Protecting Worker Entitlements.

A couple of other reminders

• New rules apply to the use of fixed term contracts made on or after 6 December 2023. This includes the requirement for employers to give every employee engaged under a new fixed term contract a copy of the Fixed Term Contract Information Statement. For more, visit Fixed term contract employees.
• Most remaining agreements made before 2010 (known as zombie agreements) automatically terminated on 7 December 2023. For more, visit Termination of ‘zombie agreements’ – what you need to know.