Introduction
The Closing Loopholes Act 2023 and Closing Loopholes No. 2 Act 2024 are changing the laws affecting Australian workplaces.
On this page:
Content
The changes
Closing Loopholes Act 2023
Some of the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 changes relevant to the work of the Fair Work Commission include:
- empowering the Commission to consider applications relating to some labour hire workers
- amendments to the general protections provisions to:
- strengthen protection for employees who have been, or are being, subjected to family and domestic violence from discrimination in the workplace
- introduce a general protection for workplace delegates when carrying out their role at a workplace
- empowering the Commission to make a model term for modern awards relating to delegate rights
- making amendments to provisions regarding protected action ballot order conferences.
Closing Loopholes No. 2 Act 2024
Some of the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 changes relevant to the work of the Commission include:
- changes to the definition of casual employee and changes to casual conversion
- changes to the definition of employment
- changes to intractable bargaining provisions
- changes to enterprise bargaining provisions relating to multi-enterprise agreements and franchisees
- a process for the Commission to make model terms for enterprise agreements
- powers relating to 'employee-like' workers performing digital platform work in the gig economy including:
- the ability to make minimum standards orders
- dealing with employee-like worker disputes about unfair deactivation from a digital platform
- powers relating to the road transport industry including:
- the ability for new Expert Panels to make minimum standards orders
- dealing with regulated road transport worker disputes about unfair termination of a contract
- powers to register collective agreements relating to regulated workers
- functions relating to a right to disconnect including:
- a new dispute function
- a process for the Commission to make a model term for awards
- an ‘unfair contracts’ dispute resolution function for independent contractors (below a high-income threshold)
- workplace delegates' rights for regulated workers
Content
We welcome your feedback on how we are implementing these changes. Email your feedback to consultation@fwc.gov.au.
Relevant forms will be published as soon as they're available. Until then you can make an application using Form F1 – General application form.
Key commencement dates
| Commencement date | Amendments and related legislation* |
|---|---|
| 15 December 2023 |
|
| 27 February 2024 (Closing Loopholes No. 2) |
|
| 1 July 2024 |
|
| 26 August 2024 (Closing Loopholes No. 2) |
|
| Date to be proclaimed or 26 August 2024 (Closing Loopholes No. 2) |
|
| 1 November 2024 |
|
| Date to be proclaimed or 26 February 2025 (Closing Loopholes No. 2) |
|
* If no Act is specified, it means the Fair Work Act 2009.
President’s statements
News and updates
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Find out more
Keep up to date about reform implementation and changes by subscribing to Announcements or following us on LinkedIn.
Read the Department of Employment and Workplace Relations fact sheets on the changes.
Visit the Fair Work Ombudsman’s website for more information about the changes.