Exciting Update: Privacy Policy Legislation Revamped!
19 September 2024
Further regulatory information was released on the 15th of January, this time from the Fair Work Ombudsman.
Employers and employees should educate themselves on the new Closing Loopholes workplace laws and make sure they are compliant, the Fair Work Ombudsman said.
Fair Work Ombudsman Anna Booth said there were important changes to the Fair Work Act that have been made or will be made by the laws, including the creation of a criminal offence for intentional underpayments.
“We urge workplace participants to be across the changes which create new or different rights or responsibilities,” Ms Booth said.
“There can be significant penalties where the laws are not followed – including jail time for the new criminal offence – but we want employers to get it right in the first place and are here to help with free information and advice to ensure they do.”
Most changes started on 15 December 2023, while others start between now and 2025.
Some of the changes affect the work of the FWO, while others affect the work of the Fair Work Commission, the national workplace relations tribunal.
Criminalising intentional wage underpayments
Starting not before 1 January 2025, intentional underpayments of wages by employers will be a criminal offence.
Companies prosecuted face penalties three times the amount of the underpayment, if a court can determine it, or $7.825 million, whichever is greater. If the court can’t determine the underpayment, the maximum penalty is $7.825 million.
“Employers should know – these laws don’t apply to those who unintentionally underpay their employees or pay the wrong amount by mistake,” Ms Booth said.
The Fair Work Ombudsman will, once the offence takes effect in 2025, investigate suspected criminal underpayment offences.
Equal pay for labour-hire workers
The FWC can’t make an order if it’s not fair and reasonable. Several exclusions may also apply, for example, to host employers who are small business employers. The FWC can hear disputes about an order that can’t be resolved within the workplace. Further details are available via our website.
New discrimination protections
For further information on these and other changes made by the Closing Loopholes laws, do visit the Fair Work website Closing Loopholes section. You can also subscribe to updates and stay across changes to the law via the FWO’s subscription centre.
For information on the new rules for fixed-term contracts
Employers and employees can also visit or call the Fair Work Infoline on 13 13 94 for free advice and assistance about their rights and obligations in the workplace.
An interpreter service is available on 13 14 50.