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In case you missed it… Fair Work’s Closing the Loopholes No.2 Act 2024, passed legislation earlier this year. We have outlined some key areas of the act which will have a large impact on employers and employees. Missed our article on Act 1? Catch up HERE to help you stay on stop of these important changes.

 

STAND UP FOR CASUAL WORKERS

 

Pathway to Permanency: Casual employees who have worked for a minimum of 6 months, (or 12 months in a small business), will have the opportunity to request for permanency if they believe they no longer meet the definition of a causal employee. Employers must act on such requests within 21 days, either granting permanency or providing reason for denial.

 

Clear Definition: The Casual Employment Information Statement will be improved to clearly outline the definition for casual conditions

 

All employers must continue to provide the Statement within:

  • Small Businesses: 12 months of employment
  • Other Businesses: 6 months of employment, and every 12 months after

 

This statement and the Fair Work Information Statement are to be given before, or as soon as possible after employment commences.

 

Effective Date: 26 August 2024

 

RIGHT TO DISCONNECT

 

The Right to Disconnect will outline how employers can interact with their employees outside of work hours. Employees will have the right to refuse to monitor, read, or respond to contact outside of working hours when they are not expected to be working or paid to be working, as long as doing so is not unreasonable.

 

The right will not prohibit employers from contacting their employees or prevent employees from contacting one another.

 

Effective Date: 26 August 2024 (non-small businesses) & 26 August 2025 (small businesses)

 

CRIMINALISING INTENTIONAL WAGE UNDERPAYMENT

 

Intentional underpayment of wages by employers will become a criminal offense.

Employers will commit an offence if:

  • They’re required to pay an employee (e.g. wages or superannuation) under the Fair Work Act (or an industrial instrument) and,
  • They intentionally engage in conduct resulting in failure to remunerate the employee before remittance is due

 

Effective Date: 1 January 2025

 

The Closing the Loopholes Act will implement a multitude of changes for all businesses across Australia. It is essential that employees and employers educate themselves on all Fair Work-related updates. Employers in particular, must research these changes, find out what works for their business, and implement necessary actions.

 

Please call or click to discuss with a Macro Group team member if you would like further information. We are happy to assist with the financial impact of these changes on your business, but any legal advice will need to be referred to a qualified legal expert.

The Macro Group Team

 

Date: 21/06/2024

The Macro Group Limited AFSL:485843 Tax Agent Number 24 76 5236.

The information in this article  contains general information only. We have not taken into consideration any of your personal objectives, financial situation or needs. Before taking any action, you should consider whether the general advice contained in this communication is appropriate to you having regard to your circumstances and needs, and seek appropriate professional advice if you think you need it. We recommend that you consult a licensed or authorised financial adviser if you require financial advice that takes into account your personal circumstances.

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