Since taking office in May 2022, Anthony Albanese’s Labor party has focused on seeking extensive changes to industrial relations law in Australia, most notably the Fair Work Act 2009 (Cth) (the FW Act). The third, and arguably, most significant tranche of changes was introduced in September 2023 via the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023.

Following debate in late 2023, the Senate voted to split the Bill so that less controversial aspects could be passed. This occurred in December 2023, with the more complex and contentious issues referred to the Senate in a separate bill – the Fair Work Legislation Amendment (Closing Loopholes No.2) Bill 2023 (the Bill) - for further debate upon returning from the summer break in February 2024.

After securing the support of the Greens and sufficient independent members, the Bill passed the Senate on 8 February 2024, and then subsequently the House of Representatives. It is expected that it be given Royal Assent in the coming days, which means some of the changes will commence in February 2024.

The changes in the Act are significant and far-reaching, and will have a direct impact on the way that employers engage, contract and work with their employees. Some of the recent changes include:

• Provision of an ordinary meaning of ‘employee’ for the purposes of determining whether a person is an employee or independent contractor

• Changes to casual employment, including an amendment to the definition of ‘casual employee’ and new ‘employee choice’ rules

• Introduction of minimum standards for gig workers

• Changes to right of entry provisions

• Introduction of a new workplace right to disconnect, and empowering the Fair Work Commission to adjudicate disputes in this area

Over the coming weeks, we will provide further detailed information regarding some of the proposed changes so you and your business can be ready for the commencement of the new laws. If you have any queries of the changes, please contact one of our specialist advisers.