On 15 January 2024, the Fair Work Ombudsman Anna Booth stressed the need for employers and employees to educate themselves on the new Closing Loopholes laws to ensure they are compliant.<\/p>\n\n\n\n
Most of the changes introduced started on 15 December 2023, while others will commence between now and 2025, giving employers time to get their house in order.<\/p>\n\n\n\n
See some of the important changes to consider below.<\/p>\n\n\n\n
As of 15 December 2023, employees, unions and host employers are able to apply to the Fair Work Commission (FWC) for a regulated labour hire arrangement order. Regulated labour hire arrangement orders will govern workers\u2019 pay arrangements between employers who supply employees to perform work for a \u201cregulated host\u201d, those employees and the \u201cregulated host\u201d. This means that employers will be required to pay labour hire employees the same as employees who are employed directly by the host employer.<\/p>\n\n\n\n
Under an order, they must be paid at least what they would receive under a host employer\u2019s enterprise agreement, a workplace determination, an equivalent public sector determination and other prescribed instruments made under Commonwealth, State and Territory Laws.<\/p>\n\n\n\n
From 15 December 2023, employers cannot discriminate by taking adverse action against an employee because they have been subjected to family and domestic violence. This also prohibits awards and enterprise agreements from including terms that discriminate against an employee because they are experiencing or have experienced family and domestic violence.<\/p>\n\n\n\n
As of 15 December 2023, workplace delegates were provided further rights and protections under the Fair Work Act. The changes have entitled delegates to:<\/p>\n\n\n\n
The changes also introduce new general protections for which penalties may apply. An employer must not:<\/p>\n\n\n\n
Right of Entry<\/strong><\/p>\n\n\n\n From 15 December 2023, officials assisting a state or territory WHS representative will not be required to hold an entry permit.<\/p>\n\n\n\n Intentional underpayment of wages by employers will become a criminal offence no sooner than 1 January 2025.<\/p>\n\n\n\n Under these provisions, employers will commit an offence if:<\/p>\n\n\n\nCriminalising Intentional Wage Underpayments<\/h2>\n\n\n\n