Workplace law changes in 2024
The past year saw numerous workplace law and rule changes and we recap some of the key updates in this article.
The changes largely come from the staggered introduction of changes in the Fair Work Legislation Amendment (Closing Loopholes Act No.2) Act 2024 (Cth) (see our article here) plus Fair Work Commission activity.
What employers need to know
We summarise key changes here:
| Change | Commencement date |
|---|---|
| Intractable bargaining - Intractable bargaining workplace determination made by the Fair Work Commission cannot include terms less favourable than the terms in the existing applicable enterprise agreement. | 27 February 2024 |
| Multi-employer agreements - Employers and employees covered by multi-employer agreements (they are single interest or supported bargaining agreements) are able to transition to a single enterprise agreement. | 27 February 2024 |
| Delegates rights - Workplace (union) delegates rights included in modern awards, workplace determinations and enterprise agreements (made after that time). | 1 July 2024 |
| Underpayments and right of entry - Right of entry exemption certificates available for unions for suspected underpayments (permitting union to enter without notice). | 1 July 2024 |
| High income threshold - The high income threshold under the Fair Work Act 2009 (Cth) increased from $167,500 to $175,000. | 1 July 2024 |
| Annual award safety net wage increase – The Fair Work Commission announced a 3.75% increase to the National Minimum Wage and minimum award wages following the annual wage. review decision of its expert panel. | 1 July 2024 (first full pay period after that date) |
| Superannuation contribution rate – The superannuation guarantee rate increased from 11% to 11.5% for compulsory superannuation contributions by employers. | 1 July 2024 |
| Right to disconnect - A new entitlement for employees to refuse to respond to contact or attempted contact from their employer or a third party (i.e. a client) outside of working hours but not if the refusal is unreasonable. | 26 August 2024 |
| Definition of employee and employer to distinguish employment and independent contractor relationships – New definitions to determine the true nature of the contractual relationship. The new definition now involves an assessment of the ‘totality of the relationship’ and ‘real substance, practical reality and true nature of the relationship between the parties’. | 26 August 2024 |
| Casual employee definition – New casual employee definition to address High Court rulings. Definition includes that the relationship is characterised by ‘an absence of a firm advance commitment to continuing and indefinite work’ and that the employee has the ability to accept (or reject) work offers. | 26 August 2024 |
| Regulated labour hire - Regulated labour hire orders commence or can commence where made after the relevant date. | 1 November 2024 |
Looking ahead, new criminal wage theft offences also commence as part of the Fair Work Act 2009 (Cth) on 1 January 2025.
Gadens’ Workplace Advisory and Disputes team can assist employers in keeping up to date with legislative changes. Please get in touch with our team if you have any questions.
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Authored by:
Siobhan Mulcahy, Partner
Thomas Tagirara, Associate
Get in touch
- Siobhan Mulcahy
- Partner, Melbourne
- +61 3 9252 2556
- siobhan.mulcahy@gadens.com
