First instalment of Closing Loopholes Bill Passes Parliament

Following the Labor Government’s introduction of the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Bill) on 4 September 2023 (see our previous article here for further information), the first instalment of closing loopholes bill passes parliament on 7 December 2023.  It is expected to receive imminent royal assent.

This was the result of the original Bill being ‘split’, after private members’ bills were introduced by Senators Jacqui Lambie and David Pocock to enable its “non-contentious” parts to be fast-tracked.  Whilst the Albanese Government was initially hesitant to split the original Bill, it struck a deal with key crossbench senators so that the first instalment of the Bill could pass both Houses of Parliament.

The parts of the original Bill which have now passed Parliament include:

• ‘same job, same pay’ framework in labour hire arrangements;
• the criminalisation of wage and superannuation theft;
• a new criminal offence of industrial manslaughter;
• new workplace delegate rights; and
• establishing protection from adverse action for employees who have been subject to family and domestic violence.

The remaining parts of the original Bill include some of its more contentious aspects and will be considered by the Senate next year.  These include:

• minimum standards for digital platform gig workers;
• definitions of ‘employment’; and
• further changes to casual employment.

What next?

Given further legislative changes are likely in the new year, we recommend employers ensure they stay updated as to the progress of the remaining parts of the original Bill, so that they can consider how they may impact their businesses and plan accordingly.

If you would like any further information about how the parts of the Bill now passed as legislation (or any future proposed changes) may impact your business, please contact the HR Legal team for advice. We are here to help with your HR needs.