The first part of the now ‘split’ Closing the Loopholes Bill has now passed through Parliament. In summary, employers should be aware that this new legislation contains provisions that are designed to:

1. Prevent companies underpaying workers through the use of labour hire arrangements;
2. Criminalise deliberate wage theft;
3. Strengthen discrimination protections for workers experiencing family and domestic violence;
4. Criminalise industrial manslaughter;
5. Close the ‘loophole’ which has allowed large businesses to claim the small business redundancy payment exemption during bankruptcy or liquidation;
6. Introduce new workplace delegate rights and protections, including paid time for delegate training; and
7. Remove the requirement for officials assisting a state or territory work health and safety representative to hold an entry permit under the Fair Work Act.

Aitken Legal will be providing a detailed summary of the changes and how they will affect employers in January 2024.

Employers should also be aware that the second part of the Closing the Loopholes Bill will be debated early next year, and its changes address more controversial matters such as:

• minimum standards for gig workers; and
• changes that will potentially affect the casual employment and independent contracting landscapes.

If you are unsure of your obligations under the changing legislation, contact one of our specialist employment lawyers at Aitken Legal.