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Parliament passes part of the Closing Loopholes Bill

Parliament passes part of the Closing Loopholes Bill

Published: 08 Dec 2023

Parliament passes part of the Closing Loopholes Bill
Written by
Luis Izzo
Luis Izzo
Managing Director - Sydney Workplace

Parliament passes part of the Closing Loopholes Bill

Published: 08 Dec 2023


Some changes to take effect shortly

The Senate and House of Representatives yesterday passed part of the Fair Work Amendment (Closing Loopholes) Bill 2023.
 
The changes bring in some of the reforms that have been widely publicised (and the subject of previous alerts by ABLA), with other reforms still to be debated into the New Year.
 
A summary of the reforms that have been passed appears below:
 
Changes that have passed Changes that will remain in the Bill
Small business redundancy exemption Casual employment
Labour hire Franchisees’ access to single-enterprise bargaining Transitioning from multi-EAs
Union delegate rights for employees Model terms for EAs
Anti-discrimination measures Union delegate rights for independent contractors
Criminalisation of underpayments Sham arrangements
WHS measures pertaining to first responders Right of entry
  Civil penalties
  Compliance notices
  Withdrawals from amalgamations of registered organisations
  Definition of employment
  Employee-like
  Road transport
  The new bargaining arbitration provisions restricting FWC ability to arbitrate on merit in intractable bargaining disputes

 

For a summary of each of the above changes, see our IR Reform series.

 
When do the changes take effect?
 
Change When it takes effect
Labour hire orders (general) The day after Royal Assent
Labour hire orders (protected rate of pay, host obligations) 1 November 2024
Delegates rights for employees The day after Royal Assent
Wage theft The later of 1 January 2025 and the day the Minister prescribes the Voluntary Small Business Wage Compliance Code
Small business redundancy exemption The day after Royal Assent
Anti-discrimination The day after Royal Assent
Industrial manslaughter 1 July 2024
First responders WHS changes Partly on the day after Royal Assent, partly 6 months later


It is not yet known when the Bill will receive Royal Assent, but this is anticipated shortly.
 
As always, if you have any queries, please feel free to contact our team at info@ablawyers.com.au.                              



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The content of this article is general in nature, and is intended to provide commentary only. It does not constitute advice, and should not be relied upon as legal advice. Targeted formal legal advice should be obtained prior to any action being taken in relation to a matter arising in response to the content of this article.

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