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Time to prepare for first Closing Loopholes Act changes

15 December 2023

Some parts of the Federal Government’s latest reforms to the Fair Work Act (FWA) have now come into effect.

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Some new obligations have passed Parliament and received Royal Assent from the Governor General on 14 December 2023, meaning they have gone ‘live’, with firm commencement dates for others.

This Victorian Chamber update provides guidance on the key changes and the timelines to be aware of. We discuss the most important changes which will impact most businesses, but a range of measures have been passed and it is important your business understands all of these and ensure you know which measures effect your business.

A previous article contains more detail about the key changes.

Change Commencement date

Labour hire – the Fair Work Commission (FWC) can now make “labour hire orders”, referred to previously as “same job, same pay”.

These are essentially orders that labour hire employees be paid the same as ongoing employees of the host business.

 

15 December 2023

(but the obligation to pay employees covered by such an order the same as the host business’ employees does not commence until 1 November 2024).

Workplace delegates/Union representatives have new rights and protections at work. 15 December 2023
New right of entry provisions for Union officials allowing easier access to workplaces to assist with OHS matters. 15 December 2023
“Wage theft” becomes a crime

 1 January 2025 

More changes to the FWA will likely be proposed in 2024 under the Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023, including changes to the definition of casual employment, gig and digital economy changes for “employee-like” work, increased civil penalties under the FWA and further enhancements to Union officials’ rights of entry.

What does all this mean and how can the Victorian Chamber help?

Your business needs to be ready for the changes that have been introduced and that are coming down the pipeline.

We have received strong feedback from members that they are concerned that the Bill will work against the interests of businesses, adding cost and complexity to an already burdensome system. We argue that this economy-damaging Bill not proceed.

In the meantime, our team of expert workplace relations consultants are monitoring developments carefully and are available to help your business understand and navigate them (and any other employment or industrial relations issues in your business). We will also be monitoring developments and will be providing further updates as needed.

If you have any questions or need any assistance, don’t hesitate to reach out to our advice line by calling 03 8662 5222.

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