Following a recent deal between the Albanese Government and crossbench senators David Pocock and Jacqui Lambie, the contentious Closing Loopholes Bill was split and, as a result, the amended Bill was rushed through the Senate, without proper scrutiny, on 7 December 2023.
On 14 December 2023, the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 received Royal Assent, amending the Fair Work Act 2009.
Changes that commenced on 15 December 2023
As a result, from 15 December 2023 the amendments:
- empower the Fair Work Commission (FWC) to consider applications relating to some labour hire workers (under ‘Same job, Same Pay’ amendments)
- amend the general protections provisions of the Fair Work Act 2009 (FW Act) to
- introduce a general protection for (union-nominated) workplace delegates when carrying out their role; and
- strengthen discrimination protections for employees who have been, or are being, subjected to family and domestic violence
- empower the FWC to make a model term for modern awards relating to workplace delegate rights
- amend the union right of entry provisions of the FW Act to enable a union official to enter a workplace without a federal right of entry permit on OHS/WHS grounds, when assisting a health and safety representative to perform their functions under a state or territory OHS/WHS law
- amend the small business redundancy exemption for claims under the Fair Entitlements Guarantee, in the case of employer insolvency
- amend provisions regarding protected (industrial) action ballot order conferences.
Change that will not take effect before 1 January 2025
While also receiving Royal Assent, the contentious ‘wage theft’ criminalisation of intentional underpayments will currently take effect from 1 January 2025.
However, if the Minister for Employment and Workplace Relations declares the proposed Voluntary Small Business Wage Compliance Code (Code) on a later day, then the provisions will begin from that date. It is intended that a small business deemed compliant with the Code by the Fair Work Ombudsman will be provided with ‘safe harbour’ from criminal, but not civil, prosecution.
Contact VACC’s Workplace Relations team on 03 9829 1123 or ir@vacc.com.au for further information.