The Closing Loopholes Act 2023, which passed Parliament on 7 December 2023 and received Royal Assent on 14 December 2023, introduces significant changes to workplace relations in Australia. Here’s a simple breakdown of the key aspects:

1. Regulated Labour Hire Arrangements

Starting from 15 December 2023, the Fair Work Commission (FWC) can receive applications for regulated labour hire arrangement orders. These orders, which will be enforceable from 1 November 2024, ensure a ‘protected rate of pay’. Anti-avoidance measures, effective retrospectively from 4 September 2023, also form part of this change.

2. Small Business Employer Redundancy Pay Exemption

A new exception has been introduced to the exemption for small business employers from the obligation to provide redundancy pay. This applies when an employer downsizes and becomes a small business due to bankruptcy or liquidation, effective from 15 December 2023.

3. Workplace Delegates’ Rights

New provisions, effective from 15 December 2023, strengthen the rights and protections for workplace delegates (union representatives). Additionally, a requirement for modern awards to include a delegates’ rights term will apply from 1 July 2024.

4. Protections from Discrimination – Family and Domestic Violence

Additional measures to protect employees who have experienced or are experiencing family and domestic violence commenced on 15 December 2023.

5. Criminalising ‘Wage Theft’

A new criminal offence for the intentional failure to pay employees fully and on time is introduced. However, these provisions will not commence before 1 January 2025. A ‘Voluntary Small Business Wage Compliance Code’ must be created before these provisions can start.

6. Changes to Attendance at Mediation and Conciliation for Protected Action Ballot Orders

From 15 December 2023, bargaining representatives applying for a protected action ballot order are required to attend compulsory mediation or conciliation conferences for the industrial action to be protected.

7. Right of Entry Permit Requirements

From 15 December 2023, union officials assisting a health and safety representative under state or territory work health and safety legislation no longer need an entry permit under the Fair Work Act.

8. Addressing Silica-Related Diseases

The Asbestos Safety and Eradication Agency now has additional functions to address silica-related diseases, effective from 15 December 2023.

9. Changes to the Commonwealth Work Health and Safety Act

From 1 July 2024, the Work Health and Safety Act will include a new offence of industrial manslaughter. There are also increased penalties for offences and clarification on the applicability of Category 1 offences to officers.

10. Worker’s Compensation for First Responders

Amendments to include a presumption that a diagnosis of post-traumatic stress disorder in a first responder is work-related for compensation purposes commenced on 15 December 2023.