By Paul Moorhouse -
Snapshot
- Since the Albanese government came to power, there have been substantial changes to the Fair Work Act 2009.
- The most recent amendments make a number of significant changes to the Act, including a revised definition of ‘casual employee’ and new conversion process for casual employees.
- From 26 August 2024, there will be changes to the test which determines whether a worker is an employee for the purposes of the Act. Whether a worker is an employee is central to determining a worker’s entitlements.
Since the Albanese labour government came to power, there have been a series of changes to the Fair Work Act 2009. The most recent changes are set out in the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (the ‘Closing Loopholes No 2 Act’), which received Royal Assent on 26 February 2024. The Closing Loopholes No 2 Act will make a number of significant changes to the Fair Work Act, including:
- introducing a so-called ‘right to disconnect’, which commences on 26 August 2024 and will be the subject of a separate update;
- a five-fold increase in the maximum penalty for some breaches of the Fair Work Act (including breaches of the National Employment Standards, an award or an enterprise agreement) for corporate employers who are not small businesses; and
- empowering the Fair Work Commission to set minimum standards for ‘employee-like’ workers in the gig economy.
This update will look at two other changes introduced by the Closing Loopholes No 2 Act. Both of those changes have their genesis in recent decisions of the High Court.
