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Know Your Rights: Closing Loopholes Bill No.2 – Changes With Immediate Effect


On 12 February 2024 the Fair Work Legislation Amendment (Closing Loopholes) Bill No 2 2024 (the Closing Loopholes Bill No. 2) was passed by parliament.

The Closing Loopholes Bill No. 2 introduces a variety of changes to the Fair Work legislation with some provisions commencing immediately upon Royal Assent, and others to commence at a set later date. The changes taking immediate effect are:

  • Labour Hire (Same Job, Same Pay)
    • The Fair Work Commission (FWC) can hear claims by labour hire employees relating to claims for wages based on the ‘Same Job, Same Pay’ principle.
    • Applications for orders for same pay of labour hire workers can now be lodged and made with the FWC, however these orders will not take effect until 1 November 2024.
  • Union Workplace Delegates Rights
    • New rights have been afforded to union delegates at the workplace, including the right to reasonably communicate with union members or other persons eligible to become members.
    • Union workplace delegates may now have paid time off for union delegate training, with an exception for small businesses.
    • It is now an offence for employers if they fail to deal with union delegates properly.
  • Right of Entry:
    • A union delegate no longer requires a valid permit to gain access to a workplace if they have been invited to the workplace by a WHS representative, expressing safety concerns.

Do you need assistance in understanding the recent changes to the Fair Work Act? Please reach out to our Workplace Relations and Legal Team on (02) 6175 5900.