Closing Loopholes Bill 2023 – What You Need to Know 

by Sep 8, 2023All Posts, Fair Work, Industrial Relations

The proposed ‘Closing Loopholes Bill 2023’ will see future changes to the Fair Work Act 2009 (Cth), that may affect your business. This will see changes to contracts for casual and contract workers, adjustments to standards surrounding pay and conditions, and industry specific changes for the Road Transport Sector.  

The proposed bill will not be implemented or rolled out until the 1st of July 2024 or thereafter. These changes are predominantly aimed at improving the ‘gig economy’, reducing the unsafe practices and concerns associated within the sectors services such as, ride share and food delivery. It is also directed at improving the rights of casual workers and those employed within the Transport Industry.  

The Closing Loophole Bills 2023 has been briefly summarised below: 

Casuals and Contractors – Contracts 
  • Adjustment to the definition and therefore classification of ‘a casual employee’, with a move to consider the entire working relationship opposed to ‘just’ the written contract.  
  • Employees have greater power to decide if they wish to remain casual or to change to permanency, with a move to see casual conversion eligibility at 6 months opposed to the current 12 months.  
  • Introduced minimum standards to the digital labour platform or ‘gig economy’, which makes employment fair whilst still maintaining the flexibility of employment within this sector. 
  • Ability to challenge unfair contract terms in consideration of the above changes and individual casual circumstance.  
Road Transport 
  •  The ability for the Fair Work Commission to define minimum standards that are applicable to all workers within the Road Transport Industry, inclusive of ‘owner drivers’.  
  • The introduction of ‘collective agreements’ to see fair wages and conditions, specifically directed at owner drivers, but applicable across the sector.  
  • Introduction of a new industry expert panel and advisory body for the sector .

If you would like to learn more about these changes, we encourage you to contact us on 1800 577 515 and a member of our team will happily discuss the roll out of these pending legislative changes with you.

From there, we can equip you with the tools, templates and checklists required to review your specific circumstances. We can do it with you, working together to develop an overarching framework that will allow us to give you timely and business specific advice to see you remain compliant with workplace legislation. Or, we can do it for you, stepping in as your HR and WHS department, developing and implementing a strategy that will enable you to focus upon your other business priorities. 

Specifically, we can equip you with advice and recommend any changes we foresee applicable to your business, and if you wish we can work in consultation with you to implement these together or we can do it for you. Such as, reviewing workplace policy and employee contracts (within the scope of HR Best Practice), consulting with employees and other relevant stakeholders as required, and/or referring you to our trusted and quality partner network connects to see the drafting of collective agreements. 

For more information about recent changes to legislation see our Fair Work Archives – Assurance HR Management.  

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