Closing the Loopholes Bill no.2 passes Royal Assent

Article by Vanessa James-McPhee (Principal Workplace Consultant) and Sarah Dubois (Workplace Consultant).

On 12 February 2024 the Federal Government successfully passed the Fair Work Legislation Amendment (Closing Loopholes No.2) Bill 2023 (the Bill). This legislative action marks the second phase of amendments which were implemented late last year. The passage of these laws underscores the Labor Government’s commitment to comprehensive industrial relations reform to the Fair Work Act 2009 (Cth) (FW Act).

Set out below are the key changes HIES believes its members and clients need to be aware of in relation to the Closing Loopholes No. 2 Bill becoming law.

  • A new definition of casual employment & new provisions and arrangements for casual conversion
  • New casual employment information statement obligations
  • Higher civil penalties for underpayments and exemptions of notice for right of entry for FWC
  • An employee’s right to disconnect.
  • New definition of employment

For more information about the full range of legislative changes introduced click here

When will these changes come into effect?

On 26 February 2024 the Bill received Royal Assent. The impact of this legislative passage means the Bill becomes an Act, and effective dates of each change is more certain. Below are key dates we believe HIES members and clients should be aware of.

HIES has developed a comprehensive knowledge tree of all of these updates and timeframes. If you would like to download a copy of the Knowledge Tree, you can complete this form below.