A comprehensive summary of the Fair Work Legislation Amendment (Closing Loopholes) Acts 1 & 2 is presented, based on a presentation delivered by Nathan Keats from McNally Jones Staff Lawyers. (Closing Loopholes) Acts 1 & 2
In this document, a comprehensive summary of the Fair Work Legislation Amendment (Closing Loopholes) Acts 1 & 2 is presented, based on a presentation I recently attended delivered by Nathan Keats from McNally Jones Staff Lawyers. These legislative updates signify a significant shift in Australia’s Fair Work Legislation, aiming to address various loopholes and enhance protections for employees across diverse sectors. The following summary provides an overview of the key amendments introduced through these acts, highlighting their impact on labor regulations and workplace rights. Key Changes Include: Labour Hire Regulations (Effective December 15, 2023):
- Introduction of provisions allowing employees, unions, and host employers to seek new types of orders regarding labour hire employees from the Commission.
- Requirement for labour hire employers to pay employees supplied to a host employer at least the same rate they would receive under the host employer’s enterprise agreement or similar instruments.
- Exemptions for small business host employers and certain employment arrangements.
Enhanced Workplace Delegate Rights:
- Empowerment of workplace delegates with extended rights to represent members’ industrial interests, communicate with members, and access workplace facilities.
Compulsory Conciliation for Protected Action Ballots:
- Mandate for each employee bargaining representative applying for a protected action ballot order to attend the Commission conference for industrial action to be protected.
Family and Domestic Violence Protection:
- Inclusion of ‘subjection to family and domestic violence’ as a new protected attribute under anti-discrimination provisions.
Right of Entry Changes:
- Exemption for officials entering workplaces to assist health and safety representatives from certain permit requirements.
WH&S and Workers’ Compensation:
- Streamlining of the Comcare system for certain first responders with PTSD and expansion of the Asbestos Safety and Eradication Agency’s functions.
Small Business Redundancy Pay Exemption Amendments:
- Revision of exemptions concerning small business redundancy pay.
Penalty Increases (Effective February 27, 2024):
- Introduction of increased penalties for wage exploitation offenses.
Franchisee Access to Bargaining:
- Provision for franchisees to access single-interest bargaining streams.
Transition to Single Enterprise Agreements:
- Introduction of rules allowing transition from single-interest agreements to single-enterprise agreements.
Intractable Bargaining Declarations:
- Stipulation that terms in intractable bargaining determinations must not be less favorable than existing agreements.
Withdrawal from Amalgamations (Registered Organisations):
- Reversion to 2020 rules, with a timeframe for withdrawal post-amalgamation.
Changes to Sham Contracting Defenses:
- Revisions to defenses against misrepresenting employment contracts.
Introduction of Industrial Manslaughter Offenses (Effective July 1, 2024):
- Establishment of offenses for intentional conduct resulting in the death of an individual, with penalties for individuals and corporations.
Delegate Rights Enhancement (Effective January 1, 2025):
- Inclusion of workplace delegate rights clauses in modern awards and agreements.
Right of Entry Exemptions:
- Provision for exemptions allowing waiver of notice requirements in specific situations.
Casual Employee Definition and Conversion (Effective August 26, 2024):
- Introduction of a new definition for casual employees and a conversion process to permanent employment.
Right to Disconnect (Effective August 26, 2024):
- Establishment of employees’ legal right to refuse after-hours work-related contact.
Definition of Employment:
- Determination of employment by reference to the real nature of the relationship between parties, with exclusions for certain employers.
Road Transport and Gig Economy Regulations:
- Establishment of a framework for “employment-like” rights for regulated workers, including minimum standards and protections.
Intentional Wage Theft Offenses (Effective January 1, 2025):
- Introduction of offenses for intentional wage theft, with severe penalties for offenders.
Model Terms Determination (Effective February 26, 2025):
- Requirement for the Commission to determine model terms for enterprise agreements.