Latest IR Overhaul: A Comprehensive Guide for Organisations
 

Feeling swamped by the latest Industrial Relations (IR) updates in Australia? You're not alone. The recent reforms represent the most significant changes in employment law since the Fair Work Act was introduced in 2009! In this blog post, we'll delve into these alterations and how they influence HR practices. Strap yourself in because this is a comprehensive read!

Closing Loopholes

There have been 2 sets of amendments to the Fair Work Act as part of the Australian Government’s Closing Loopholes changes:

1. Fair Work Legislation Amendment (Closing Loopholes) Act 2023, which received Royal Assent on 14 December 2023; and 

2. Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024, which received Royal Assent on 26 February 2024.

The changes take effect at different times from 15 December 2023 to 2025.

Key changes introduced by the Fair Work Legislation Amendment (Closing Loopholes No. 2) include:

• New definition for casual employees, changes to pathways for permanent employment, and rules against certain practices.
• The right to disconnect; employees gain rights to refuse work-related contact outside of working hours.
• New definitions of “employer” and “contractor” that highlight the importance of the employment relationship's true nature to prevent sham contracting.
• Increase in the maximum civil penalties for certain contraventions.
• Protections and dispute resolution mechanisms for gig economy workers.
• Addressing minimum standards and contractual disputes in the road transport sector.
• Extending bargaining provisions for franchisee groups and implementing terms for dispute resolutions.
• Adding protections for delegates representing specific workers.
• Removing an expired provision related to award variations.

For more information see: https://www.fairwork.gov.au/about-us/workplace-laws/legislation-changes/closing-loopholes/additional-fair-work-act-changes

Key changes introduced by the Fair Work Legislation Amendment (Closing Loopholes) include:

• Conditional orders requiring labour hire agencies to pay employees at least the same as host employer agreements.
• Intentional underpayment of wages become a criminal offense.
• Enhanced protections for employees experiencing family and domestic violence.
• Changes in requirement to pay redundancies for businesses transitioning to small status.
• Enhanced rights and protections for workplace delegates.
• Removal of entry permit requirement for WHS represenatives
• Compulsory conciliation conferences for protected action ballot matters. 
• Some changes to Workplace Health and Safety and Workers Compensation.

For more information see: https://www.fairwork.gov.au/about-us/workplace-laws/legislation-changes/closing-loopholes

Protecting Worker Entitlements: Ensuring Fair Treatment

The Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 received Royal Assent on 30 June 2023.  Some changes started in July 2023, while others started in December 2023 and January 2024.

Key changes introduced by the Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 include:

• Unpaid Parental Leave Changes.
• The Fair Work Commission can issue workplace determinations that supersede enterprise agreements in certain cases.
• Migrant workers retain workplace rights regardless of their migration status under the Migration Act 1958.
• New rules employee authorised deductions from pay for various purposes, requiring written consent.
• Employees covered by the NES can take legal action for unpaid or underpaid superannuation.
• Portable long service leave entitlements for black coal mining industry employees must include casual loading and have revised accrual methods.
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For more information see: https://www.fairwork.gov.au/about-us/workplace-laws/legislation-changes/protecting-worker-entitlements

Are you still feeling overwhelmed and swamped by Kirsten Jowsey's latest Industrial Relations (IR) Part 1 update? Standard Candle HR offers a complimentary session with Kirsten today to discuss a gap analysis or review. Call 1300 620 100 or email our Operations Manager, Rodon Burdon rod@standardcandlehr.com.au, to book your complimentary session.