There have been changes to the Fair Work Act as part of the new ‘Closing Loopholes’ laws.
Criminalising intentional wage theft and non-payment of superannuation
This change starts from 1 January 2025
Not before 1 January 2025, intentional wage underpayments and non-payment of superannuation will be criminalised
A ‘Voluntary Small Business Wage Compliance Code’ will be available to small business employers.
Equal pay for labour hire workers
This change starts from 15 December 2023. Some anti-avoidance provisions applied from 4 September 2023.
A framework for the Fair Work Commission to make orders that mean labour hire workers are entitled to be paid the same as employees directly engaged by a particular business.
Discrimination protections
This change starts from 15 December 2023.
New discrimination protections for employees who experience family and domestic violence.
Small business redundancy rules
This change starts from 15 December 2023.
New redundancy payments rules for non-small business employers that downsize to a small business employer during bankruptcy or liquidation.
Workplace delegate rights
This change starts from 15 December 2023.
Introducing new workplace delegate rights and protections, including paid time for delegate training.
Right of entry
This change starts from 15 December 2023.
Removes the requirement for officials assisting a state or territory work health and safety representative to hold an entry permit under the Fair Work Act.
This amendment will be reviewed 9 months after it starts.
Other changes
The Closing Loopholes laws introduce other changes.
These include:
- introducing a new criminal offence of industrial manslaughter
- expanding the functions of the Asbestos Safety and Eradication Agency to include silica
- streamlining the workers’ compensation claims process for certain first responders who experience post-traumatic stress disorder (PTSD).
Government bodies responsible for communicating about these changes, including Comcare and Safe Work Australia.
