Closing Loophole changes in Australia

New workplace laws came into effect from 26 August 2024, as part of the Closing Loopholes changes.

It it important to review these changes if you engage workers under employee or independent contractor arrangements.

We have listed the upcoming changes below and have linked additional articles providing further information.

1. New definitions of employment – The Fair Work Act will define ’employee’ and ’employer’ based on the true nature and practical reality of the working relationship. This may result in some independent contractor working arrangements being characterised differently. Learn more.
2. Changes to casual employment – The Fair Work Act will redefine ‘casual employee,’ introduce a new pathway for casuals to become permanent, and increase frequency to provide the Casual Employment Information Statement. Learn more.
3. Right to disconnect – Eligible employees will have the right to disconnect outside work hours, including refusing to respond to employer or third-party contact, with rules to determine whether such refusal is unreasonable. Note, these changes will not apply to small business employers until 26 August 2025. Learn more.
4. New minimum standards for gig economy workers and the road transport industry – New minimum standards and protections for gig economy and road transport industry workers, called ‘regulated workers,’ will commence. The Fair Work Commission will be able to set minimum standards orders or guidelines regarding terms such as payments, deductions and insurance. The changes also expand access to collective agreements for regulated workers and provide the Commission with power to deal with dispute resolution for unfair terminations or deactivations.
5. Additional workplace delegates’ rights – The Fair Work Act will expand rights and protections for workplace delegates. Workplace delegates will include regulated workers, such as employee-like workers and regulated road transport contractors.

There will be further changes to laws affecting Australian workplaces as a result of the Closing Loopholes Acts, and we will post articles to keep you up to date as these changes approach.

For more information please contact Allan Hall Business Advisors here.

About Allan Hall Business Advisors:

Award winning Allan Hall Business Advisors is Alliott Global Alliance's (AGA's) representative accounting, audit and tax member firm in New South Wales.

Based in Sydney, Allan Hall has built a reputation for offering strategic financial guidance and accounting and advisory services to a range of clients from individuals, to small businesses, through to subsidiaries of international corporations looking to expand elsewhere in Australia and worldwide.

Established in 1957, the firm has satellite offices in Brisbane and Adelaide and has grown to become one of the largest, non-CBD, integrated chartered accounting and business advisory firms in Australia.