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ARTICLE · 26 AUGUST 2024

Fair Work Act Updates – What Employers Need To Know

Holding Redlich
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Closing Loopholes No.2 introduced a number of key reforms that come into effect on 26 August 2024.

AustraliaEmployment and HR
Charles Power
Charles Power
Dogu Yesildag
Dogu Yesildag
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The Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (Cth) (Closing Loopholes No.2) introduced a number of key reforms that came into effect on 26 August 2024 and it is important for employers to revisit these updates to the Fair Work Act 2009 (Cth) (FW Act) to ensure they remain compliant.

1. "Employee" and "employer" definition

What's changed?

A significant update in the FW Act is the introduction of section 15AA, which establishes a new statutory interpretative principle for defining "employee" and "employer".

Traditionally, the interpretation of these terms has relied heavily on common law principles. Until recently, courts in Australia considered the totality of the relationship between the worker and the principal, by reference to various indicators of the day-to-day relationship to determine the nature of the relationship. That changed following the High Court's decisions in Construction, Forestry, Maritime, Mining and Energy

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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