Legislation changes

Find out about recent and previous changes to Australia’s workplace relations laws.

Recent legislation changes

The Australian Government passes bills to update the Fair Work Act 2009 (Fair Work Act) and related legislation.

New laws can have significant impacts across the workplace relations system. They can change rules and responsibilities for employers and employees.

Some changes affect the work we (the Fair Work Ombudsman) do.

Other changes can affect other agencies, including the Fair Work Commission (the Commission). The Commission is the national workplace relations tribunal and registered organisations regulator.

Find out more information about recent legislation changes below.

Closing Loopholes

There have been 2 sets of amendments to the Fair Work Act as part of the Australian Government’s Closing Loopholes changes:

The changes take effect at different times from 15 December 2023 to 2025.

These amendments introduced changes in relation to:

  • rules for labour hire workers
  • criminalising intentional wage underpayments
  • new discrimination protections
  • small business redundancy exemptions
  • workplace delegates’ rights
  • right of entry
  • compulsory conciliation conferences in protected action ballot matters
  • casual employment
  • the right to disconnect
  • the definition of employment
  • independent contractors
  • sham contracting
  • right of entry exemption certificates
  • civil penalties for wage underpayments
  • civil penalties and serious contraventions
  • compliance notices
  • minimum standards for 'employee-like' workers
  • road transport industry
  • enterprise bargaining
  • enterprise agreements
  • registered organisations.

Find out more on our Closing Loopholes page.

Protecting Worker Entitlements

The Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 received Royal Assent on 30 June 2023, with changes taking effect at different times up to 1 January 2024.

These changes include:

  • employee authorised deductions
  • right to superannuation in the National Employment Standards
  • casual employees in the black coal mining industry
  • changes to unpaid parental leave
  • interaction between enterprise agreements and workplace determinations
  • protections for migrant workers.

Find out more on our Protecting Worker Entitlements page.

Secure Jobs, Better Pay

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 received Royal Assent on 6 December 2022, with changes taking effect at different times up to 6 December 2023.

These changes include:

  • pay secrecy, job ads and flexible work
  • gender equality measures and small claims process
  • enterprise agreements and enterprise bargaining
  • abolition of the ABCC and the ROC.

Find out more on our Secure Jobs, Better Pay page.

Paid Family and Domestic Violence Leave

The Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022 received Royal Assent on 9 November 2022, with changes taking effect at different times up to 9 June 2024.

These changes include an entitlement to 10 days of paid family and domestic violence leave which commenced for employees of:

  • non-small business employers from 1 February 2023
  • small business employers from 1 August 2023.

Find out more on our Paid family and domestic violence leave page.

Respect at Work

The Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 received Royal Assent on 10 September 2021, with changes taking effect on 11 September 2021.

These changes include:

  • introducing definitions of ‘sexually harass’ and ‘sexually harassed at work’
  • expanding the anti-bullying jurisdiction of the Commission to allow it to make orders to stop sexual harassment at work
  • clarifying that sexual harassment in connection with an employee’s employment can be a valid reason for dismissal.

Find out more on our Respect at Work page.

Previous legislation changes

We also have information about changes to the Fair Work Act and related laws that passed more than 5 years ago.

Find out more about Previous legislation changes.

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