The Closing Loopholes No 2 legislation passed parliament on 12 February, after the House approved amendments made in the Senate.

In collaboration with Australian Business Lawyers and Advisors, as well as the Australian Chamber of Commerce and Industry, we are organizing multiple events across New South Wales. These events aim to provide our members with essential support and information crucial for adapting to the recent regulatory adjustments.

Join us at an event near you and our team of workplace law experts will discuss what the Industrial Relations changes mean for your business.

Key changes to the Fair Work Act include:

 ✔   New 'Right to Disconnect'

 ✔   New definitions - Types of Employment

 ✔   Wage Compliance - 'Same Job, Same Pay', Wage & Superannuation theft, and more.

 ✔   Delegates & Union Power

 ✔   New Protections for 'Employee-Like' workers

 ✔   Bargaining Changes 

Need help understanding the recent Industrial Relations changes impacting your business?

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ADDITIONAL RESOURCES FOR YOUR BUSINESS

Workshop Materials available for download include:

  • Slide deck

  • Slide deck notes

  • Key Commencement dates

Under the Closing Loopholes changes a definition of “employee” and “employer” for the first time has been inserted into the Fair Work Act. This new definition will apply from 26 August 2024.

The Independent Contractor Assessment document has been prepared to assist you with the process of assessing whether someone is an employee or contractor by taking you through a broad ranging set of factors and considerations.

Employers who utilise any independent contractors in their business should therefore consider reviewing their current arrangements to assess the likelihood that any contractors they engage may be considered ‘employees’ under the new definition from 26 August 2024.

A Closing Loopholes Preparation Checklist has been developed highlighting the key upcoming changes and action items for consideration by your business.

Business NSW has developed a checklist and template letters to assist employers in meeting their new obligations under the Fair Work Act 2009 (Cth).

Under the FWA certain employees have a right to formally request flexible work arrangements.

It is critical that employers comply with their new legal obligations under the FWA, in order to prevent employees from bringing claims and orders being issued by the Fair Work Commission forcing employers to accommodate flexible working arrangement requests.

The Casual Employment Handbook has been developed off the back of feedback from the PET sessions, in order to give additional assistance to employers and HR staff in navigating the casual changes.

The Handbook breaks down what employers will need to do at each stage of a casual employees life cycle under the closing loopholes changes at: recruitment, induction, during their employment, and ‘employee choice’ request to convert. It includes checklists and template letters at the various stages, which employers/HR can use to make sure they are compliant. Additionally, we’ve included a section addressing common questions, particularly focusing on the issues raised to date in some PET sessions around when employers need to provide the information statement to casuals who are employed on a more ad hoc or seasonal basis.

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These publications have been funded by the Australian Government Department of Employment and Workplace Relations through the Productivity, Education and Training Fund grant program.

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