ARTICLE
14 February 2024

Employment Relations Podcast #37 – Closing Loopholes No.2 Bill: Considering Complexities

PA
Piper Alderman

Contributor

A premier commercial law firm, Piper Alderman has offices in Adelaide, Brisbane, Melbourne and Sydney. We work with clients across Australia and internationally to achieve optimum legal and commercial solutions. Our legal expertise has been built on nearly two centuries of industry experience. Piper Alderman has been a leading advisor to Australian commercial interests for more than 170 years and we continue to advance in knowledge, skills and commitment. We listen to our clients, respond to their needs and guide them through increasingly complex regulatory and business landscapes.
Closing Loopholes No. 2 Bill contained reforms not previously proposed, including the "right to disconnect" provisions.
Australia Employment and HR
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February 2024 has been a big month for legislative change, particularly in the contentious arena of industrial relations. Seemingly out of nowhere, the Government announced it had done a deal on the remaining areas of proposed reform that did not make it into the Closing Loopholes Act 2023. Adding to the surprise, the Closing Loopholes No. 2 Bill contained significant and substantial amendments to what had previously been proposed, including the much discussed "right to disconnect" provisions.

In this episode of Employment Law for the Time Poor, join Professor Andrew Stewart, Consultant, and Emily Haar, Partner, as they discuss five key areas of reform:

  • Casual employment, including definitions and "conversion" provisions;
  • The "right to disconnect";
  • The definition of employment for the purposes of the Fair Work Act 2009 (Cth);
  • Increases to civil penalties, particularly for civil underpayments; and
  • The impact the new intractable bargaining determination provisions may have on bargaining strategy.

Further written insights relating to the full complement of Closing Loopholes No. 2 reforms will be published in coming days, available at https://piperalderman.com.au/insight/. Likewise, we will be hosting a webinar on 5 March 2024 to discuss the reforms. Register via our website at: https://piperalderman.com.au/eventcategory/national-employment-relations-seminar-series/.

For more analysis on the earlier iterations of "Closing Loopholes" see:

For even more practical insights, on 20 February 2024, our Adelaide team will present on "wage theft" and civil underpayments. Register for the webinar here: https://piperalderman.com.au/event/webinar-beat-the-clock-2024-substantive-law-underpayment-or-wage-theft-understanding-compliance-with-the-fair-work-act-criminalisation-and-the-proposed-safe-harbour-provision/

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
14 February 2024

Employment Relations Podcast #37 – Closing Loopholes No.2 Bill: Considering Complexities

Australia Employment and HR

Contributor

A premier commercial law firm, Piper Alderman has offices in Adelaide, Brisbane, Melbourne and Sydney. We work with clients across Australia and internationally to achieve optimum legal and commercial solutions. Our legal expertise has been built on nearly two centuries of industry experience. Piper Alderman has been a leading advisor to Australian commercial interests for more than 170 years and we continue to advance in knowledge, skills and commitment. We listen to our clients, respond to their needs and guide them through increasingly complex regulatory and business landscapes.
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