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ARTICLE · 18 OCTOBER 2023

Employer law changes require attention

Be aware of significant amendments being proposed to the Fair Work Act 2009 eg criminalising wage theft.

AustraliaEmployment and HR

There are significant amendments being proposed to the Fair Work Act 2009, which anyone in business needs to be aware of.

The Fairwork Legislation Amendment (Closing Loopholes) Bill 2023 is presently being considered by Parliament. If the proposed changes come into force, there are a number of significant changes that employers in particular will need to be aware of.

Amongst the raft of changes, the Bill proposes protections for labour-hire and gig economy workers, enable casual to permanent conversion for employees, and criminalise wage theft and industrial manslaughter.

One of these changes is that the Bill proposes to create a new federal offence for wage theft, with employers facing a maximum of ten years in jail and fines of up to $7.8 million (or three times the amount of the underpayment if the underpayment exceeds that amount) if the employer is deliberately underpaying its workers. It is important, however, to note that the proposed law will not target

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