Australia: Closing Loopholes reforms: Overview of key changes

Now that the federal government's package of landmark workplace reforms has passed into law and received Royal Assent, significant changes to workplaces are firmly on the horizon, if not already here. Although the reforms have been described by the federal government as having somewhat limited application (targeted towards addressing specific 'loopholes'), the impacts will be far reaching for most, if not all, Australian businesses.

Following extended public discussion, the federal government introduced the Fair Work Legislation Amendment (Closing Loopholes) Bill (the Bill) to Parliament on 4 September 2023.

Subsequently, on 7 December 2023, Parliament divided the Bill and passed a substantial portion of the reforms into law under the Fair Work Legislation Amendment (Closing Loopholes) Act 2023. This included labour hire reforms, union delegate rights and wage theft. The remaining amendments – contained in the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 – subsequently passed the Parliament on 12 February 2024. This included changes to casual employment, the introduction of a new 'regulated workers' framework, critical changes to the intractable bargaining regime and a new right to disconnect.

The passage of the amended legislation through Parliament means that many of these changes have already come into effect, while others will soon follow.

As a result, employers need to start considering the implications of the changes immediately and how to respond, noting key commencement deadlines.

To assist you to do so, our expert team of employment and labour specialists has prepared an overview of the key changes enacted by the legislation. We encourage you to read on and get in touch should you require further guidance.

Access a copy of Closing Loopholes Reforms: Overview of key changes, or click 'Download PDF file'.