Closing Loopholes legislation

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The Fair Work Legislative Amendment (Closing Loopholes) Bill 2023 has been split, with the first part of the Bill passing the Senate on 7 December 2023 and receiving Royal Assent on 14 December 2023 to come into force as part of the Fair Work Legislative Amendment (Closing Loopholes) Act 2023.

The remaining section that passed through the House of Representatives on 29 November 2023 will proceed to the Senate in early 2024. To assist employers prepare for the proposed changes to the Fair Work Act 2009 (Fair Work Act) this paper highlights the key amendments (from a total of over 80 proposed changes), which will likely have the greatest impact. The key changes are:

  • Small business redundancy exemption
  • Wages for labour hire employees
  • Introduction of new Industrial Manslaughter provisions for Commonwealth offences
  • Introduction of criminal provisions for intentional underpayments
  • The remaining parts of the Bill which will be dealt with in the new year include:
  • Amending the definition of casual employees
  • Regulation of contractors who are on digital platforms or in road transport
  • Increased penalties for underpayments