The Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Closing Loopholes Bill or Bill), incorporating a range of amendments, was passed by the House of Representatives on 29 November 2023. It is expected to be further considered by the Senate in early February 2024.

The Bill, as passed by the lower house, incorporates a range of Government and Greens’ proposed changes, as well as amendments proposed by MP Allegra Spender that would require a review of the legislation 2 years after it comes into force.

The amendments include changes to the following key areas, among others:

  • wage theft (including unpaid superannuation contributions)
  • casual employment
  • the ‘closing labour hire loopholes’ provisions
  • regulated workers, including in particular provisions related to ​​​​​​​​​​​​​​‘employee-like workers’
  • the definition of employment
  • intractable bargaining disputes
  • compulsory conciliation conference for employee claim action.

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