New Employment Laws Passed – With More To Come

MPAQ is committed to lobbying against unfair legislation that puts undue burden on small businesses in our industry - and we believe some of the proposed employment legislation amendments in this Bill will be detrimental to small businesses. We are working with Master Plumbers Australia and New Zealand to raise our concerns on this matter directly with the Hon Tony Burke MP, Federal Minister for Employment and Workplace Relations and Minister for the Arts.

We encourage you to raise these concerns with your local Member of Parliament through correspondence as our voices are louder together. 

Please click here for a template letter that you can use 

The Australian Labour Government introduced the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 to Parliament with the aim to close the ‘loopholes’ that undermine pay and working conditions.

The full scope of the Bill could not be agreed in Parliament, and it was determined to split the Bill into two:

• Part 1 - Fair Work Legislation Amendment (Closing Loopholes) Act 2023,
• Part 2 - Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023.

Part 1

On 14 December 2023, Part 1 of the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 received Royal Assent (became legislated) on the following:

• Compliance and enforcement: Criminalising wage theft
• Regulated labour hire arrangement orders (Closing the labour hire loophole)
• Enhancing delegates’ rights
• Provide stronger protections against discrimination, adverse action and harassment
• Addressing anomalous consequences of the small business redundancy exemption in insolvency contexts
• Conciliation conference orders
• Entry to assist Health and Safety Representatives
• Amendments to Asbestos Safety and Eradication Agency Act 2013
• Amendments to the Safety Rehabilitation and Compensation Act 1988
• Industrial manslaughter and other work, health and safety reforms

The key dates for implementation of the above include:

Part 2

The Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023 (the Bill) contains measures that are still before Parliament.

For fact sheets of the key amendments in the Bill, follow the links below.

• Extend the powers of the Fair Work Commission to set minimum standards for 'employee-like' workers
• Allow the Fair Work Commission to set minimum standards to ensure the road transport industry is safe, sustainable and viable
• Give workers the right to challenge unfair contractual terms
• Stand up for casual workers
• Compliance and enforcement: Civil penalties and sham contracting
• Meaning of 'employee' and 'employer' in the Fair Work Act 2009
• Enabling multiple franchisees to access the single-enterprise stream
• Strengthening rights of entry to investigate underpayments
• Fair Work Commission preparing enterprise agreement model terms
• Transitioning from multi-enterprise agreements
• Repeal demerger from registered organisations amalgamation provisions
• Workplace determinations

The employment changes within this legislation are far reaching and important for all businesses to be aware of, and what it means for your business.

MPAQ is working with other Associations to determine the impact of these changes when Closing Loopholes Bill (No.2) is passed. We will continue to keep members updated.

For further information, please contact our HR advisory team on 07 3273 0800.