Last year, we wrote about the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 which was introduced to Parliament on the 4th of September.

The Bill sought to make an extensive number of amendments to the Fair Work Act 2009 (& related legislation).

In response to concerns raised by the likes of Senators Jacqui Lambie and David Pocock, the Bill was split so that the uncontroversial matters could be passed.

The Bill was subsequently passed by both houses of Parliament and received Royal Assent on the 14th of December.

The more controversial changes are now contained in the Fair Work Legislation Amendment (Closing Loopholes No.2) Bill 2023.  It is anticipated that the Government will seek to progress this Bill early in 2024.

Amongst the changes that made it through in the first Bill were:

• Establishing a new protected attribute in the FW Act to improve workplace protections against discrimination for employees who have been, or continue to be, subjected to family and domestic violence;
• New powers for the Fair Work Commission to make ‘same job same pay’ orders for labour hire workers;
• New workplace delegate rights and protections;
• Addressing anomalous consequences of the small business redundancy exemption when a larger business downsizes to become a small business employer due to insolvency.
• Introducing a new offence of industrial manslaughter in the Work Health and Safety Act 2011; and
• Introducing a new criminal offence for wage theft, which applies to intentional conduct.

Employers are encouraged to get ahead of these amendments to ensure that their arrangements remain compliant.

To learn more, employers can head over to the Department of Employment & Workplace Relations website.  The Fair Work Ombudsman and Fair Work Commission websites also contain useful information.

We will continue to provide updates and further details concerning the amendments proposed as they progress through the legislative process.

In the meantime, get in touch if you have any questions.

Sky Accountants Ballarat

Phone: 03 5332 8855

Office Address: 902 Howitt Street, Wendouree, Victoria 3355, Australia

Postal Address: PO Box 2234, Bakery Hill, Victoria 3354

Sky Accountants Gisborne & Macedon Ranges

Phone: 03 5428 1400

Office Address: 45 Hamilton Street, Gisborne, Victoria 3437, Australia

Postal Address: PO Box 270 Gisborne Victoria 3437