Closing Loopholes Bill

The Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 proposes to implement the most expansive changes to Australia's industrial relations since the Fair Work Act commenced in 2009.

If passed in its current form, the 284-page Bill will impact almost every worker and business in Australia, including by:

  • redefining casual employment,
  • introducing "same job, same pay" measures for labour hire workers,
  • criminalising wage theft,
  • regulating "employee-like" arrangements (such as rideshare and food delivery services),
  • re-establishing the multi-factorial test for determining whether a person is an employee or contractor, and
  • introducing new rights for workplace delegates.

How will your business be impacted by these changes? How will you need to adjust your industrial relations priorities in response?

In this guide we break down what you need to know about the proposed changes, and how they will shift the dial on the employee/employer dynamic.

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Your guide

Access this concise Closing Loopholes Bill summary and guide detailing the proposed changes to the Fair Work Act, and the implications for employers.

Does the right to disconnect fit the bill?

It’s official - Australian employees have been granted a legal right to disconnect. View our comprehensive overview of the new right.

Power cord disconnecting.
Will employees gain the right to disconnect from work?

Australian workplaces are already among the most highly regulated in the world. Is compelling Australian employers under legislation not to contact employees after a certain time at the end of each day, thereby giving employees a “right to disconnect”, a step too far?

Man lying in bed, reaching his hand out to turn off his alarm or refuse a call coming through to the mobile phone lying on the sidetable next to him.
Closing Loopholes Bill sees return to multi-factorial test in determining contractor vs employee distinction

Proposed amendments to the Fair Work Act under the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 seek to introduce a definition of employment with implications for employers and employees alike.

Cleaner cleaning a tiled floor in a building foyer.
Introduction of industrial manslaughter offence and increased workplace penalties

On 4 September 2023, Employment and Workplace Relations Minister Tony Burke introduced into Parliament the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Bill), outlining significant changes to the Work Health and Safety Act 2011 (Cth) (WHS Act).

Hospital emergency sign.
Proposed laws to criminalise wage theft

The Federal Government has proposed increased penalties for employers that intentionally engage in wage theft as part of a swath of reforms aimed at protecting the rights of workers.

Warehouse workers looking at an iPad and talking in the aisle of the warehouse.
Overhaul of gig worker rights

Proposed amendments to the Fair Work Act 2009 (Cth) (FW Act) are targeted at improving terms and conditions for "employee-like workers" in the gig economy.

Person riding a food delivery scooter.
Rights and protections for workplace delegates set to increase under new proposal

The Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Bill) proposes various amendments to the Fair Work Act 2009 (Cth), introducing new workplace rights and protections for union delegates.

Two colleagues in a factory reviewing a computer screen.
Greater workplace protections proposed for road transport contractors

Proposed amendments to the Fair Work Act 2009 (Cth) (FW Act) in the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Bill) aim to improve protections for road transport industry workers.

Freighter truck driving on windy country road.
Proposed changes to casual employment provisions

Proposed amendments to the Fair Work Act 2009 signal important changes to labour provisions governing casual employment.

Female worker standing in retail shop that sells women's clothing.
Closing the labour hire loophole

Proposed changes to the Fair Work Act could close labour-hire loopholes, affording greater protections to workers.

Worker driving forklift at warehouse