Closing Loopholes Act

The Closing Loopholes Act represents legislative amendments aimed at refining and enhancing existing workplace laws, particularly the Fair Work Act 2009. These changes were introduced to secure workplace rights or close 'loopholes' in the existing laws, ensuring better protection and fairness in the workplace. The Act covers aspects like employee rights, employer obligations, dispute resolution, and compliance mechanisms.

Key changes from the Closing Loopholes laws

The changes were made by two Acts: the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 and the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024. They include rights for workplace delegates, "same job, same pay" orders for labour hire workers, a criminal offence for intentional wage underpayment from 1 January 2025, a new definition of casual employee and the employee choice pathway from 26 August 2024, a new test for who is an employee, and the right to disconnect, which now applies to all employers.

Read our guide to employment law changes, or call our HR advice line to check how they affect your business.