At the end of 2023 the Government agreed to split their “Closing the Loopholes” legislation to allow uncontroversial provisions through and then allow further discussions and negotiations about the balance of the proposed legislation.

Items that could affect businesses this year include:

1. Casual conversion and casual employee definition:  to look at the relationship as a whole including regularity and intentions.  Casuals would gain a right to request conversion every six months. It may be that employees will have the right to stay as casual if they choose.

2. Contractor vs employee: aims to look at the 'real substance, practical reality and true nature of the relationship' rather than the written contract in place.

3. Same job, same pay for labour hire workers:  This would require labour hire workers to be paid no less than if the employees were working for the host employer.

4. Regulation of 'employee-like' workers: new regulation for workers in the gig economy and road transport industry.

5. Increased protections and rights for union delegates:  including workplace delegates paid time to attend training, and reasonable time and facilities at the workplace to communicate with employees who are current or prospective union members.

6. Sham contracting: restricts the defence available to employers who misrepresent employment as an independent contracting arrangement.

7. Wage theft: introduces a new criminal offence for wage theft that targets intentional underpayment of employees. Related offences could implicate employees, officers and agents of employers.

8. Increases to civil penalties: increases maximum civil penalties relating to underpayments or employee entitlements and amends the meaning of a 'serious contravention'. Penalties have increased at least five times and sometimes ten times the current penalties for contraventions of the Act.

9. WHS amendments: including the introduction of industrial manslaughter provisions, increasing maximum penalties. The proposed amendments also focus on silica related diseases and provide easier access to workers compensation for first responders suffering from PTSD.

10. Discrimination protections – family and domestic violence: proposes stronger discrimination protections against adverse action for employees who are subjected to family and domestic violence.

11. Small business redundancy exemption: the small business exemption will be amended to capture large businesses who would otherwise qualify due to preliminary downsizing before closing the business.

We will keep members advised as the changes are legislated and help you navigate through the process.