There is a new “general rule” for defining an employee as casual, which encompasses an absence of a firm advance commitment to continuing and indefinite work and that the employee is entitled to a casual loading or a specific casual rate. This will be followed by a number of ‘indicia’ which are to be used in this assessment.

Employees will now be able to provide written notification to their employer that they believe they no longer meet the definition of casual employee.

Expected start date: August 26, 2024

These changes will impact on businesses who engage labour hire and have an enterprise agreement in place. If enterprise agreement terms are better than those for labour hire employees, orders can enforce equivalent rates and conditions as if they were direct hire employees.

Start date: December 15, 2023 

There is now a new definition to the ordinary meaning of an employee and an employer. This will be used when determining whether a worker is an employee or an independent contractor.

The relationship is to be determined by ascertaining the real substance, practical reality and true nature of the relationship between the individual and the person and considering the “totality” of the relationship. This not only applies to a written contract but also how it is done in practice and marks a return to the inconsistency of the multi-factorial test.

Expected start date: August 26, 2024

It will be a criminal offence to intentionally underpay your staff. Penalties include up to 10 years’ imprisonment for an individual, and three times the amount of the underpayment or $1.565 million (whichever is greater), or three times the amount of the underpayment or $7.825m for a body corporate (whichever is greater). Civil penalties for underpayments that do not constitute wage theft will also increase by at least fivefold.

Start date: January 1, 2025

There is now a new definition of “employee-like” workers who perform digital platform work (gig economy workers) under a services contract, and who meet certain criteria. The Fair Work Commission will have powers to make new minimum standards orders and minimum standard guidelines. There is also an “unfair deactivation” jurisdiction for the FWC to deal with disputes under employee-like workers’ deactivation from a digital labour platform.

Expected start date: August 26, 2024

The new laws introduce provisions for independent contractors in the road transport industry, similar to the ones proposed for gig economy workers.

The FWC will have the ability to set a range of minimum standards and guidelines, and there will be access to consent-based collective agreements and dispute resolution procedures for workers within this industry, who are not employees.

It also establishes an Expert Panel for the road transport industry and a Road Transport Advisory Group.

Expected start date: August 26, 2024

Union delegates will now have new rights and protections. This includes that an employer cannot unreasonably refuse to deal with delegates; knowingly or recklessly making false or misleading representations to a delegate; and unreasonably hindering, obstructing or preventing the exercise of the rights of the delegate.

Start date: December 15, 2023

The changes introduce stronger protections against discrimination for employees who have been subjected to family and domestic violence. This includes new protections for employees who have or are being subjected to family and domestic violence. It also prohibits the inclusion of terms into industrial instruments that discriminate against employees on these grounds.

Start date: December 15, 2023

New WHS laws impose a primary duty of care a “person conducting a business or undertaking” (PCBU). Increased penalties include the offence of industrial manslaughter, which carries a potential imprisonment term of up to 20 years and a fine of up to $5 million for an individual or PCBU and up to $10m for a body corporate.

Start date: March 31, 2022

Employees will have the right to disconnect and not respond to their employer after or outside work hours. If an employer takes adverse action against an employee for exercising these new rights, they will be at risk of breaching the general protections provisions.

Expected start date: August 26, 2024

Arbitrated decisions by the FWC in bargaining disputes cannot offer worse terms for employees than those that exist in any pre-existing enterprise agreement. Under the changes, the terms in a workplace determination, other than wage increase and agreed terms, can be no less favourable to employees or employee organisations compared to a term in an existing enterprise agreement.

Expected start date: February 27, 2024

The current definition of sham contracting (when misrepresenting employment as an independent contractor arrangement) will change. The new law requires that the employer reasonably believes the contract is a contract for service, which will result in a more objective test.

Expected start date: February 27, 2024