On 20 August 2024 the Fair Work Legislation Amendment (Closing Loopholes) Regulations 2024 (Cth) were registered. The instrument amends the Fair Work Regulations 2009 (Cth), Independent Contractors Regulation 2016 (Cth) and Fair Work (Registered Organisations) Regulations 2009 (Cth) in respect of several topics.

Most of the Closing Loopholes Regulations commence on 26 August 2024, however some commenced earlier on 21 August 2024.

This Member Advice identifies the key changes made by the Closing Loopholes Regulations. These include:

• Carving out the livestock industry from the definitions of ‘in a road transport contractual chain’ and ‘road transport industry’ under the Fair Work Act 2009 (Cth);
• Carving out two pieces of state legislation from the content that is permitted to be included in a road transport minimum standards order and a road transport contractual chain order;
• Extending the definition of ‘serious misconduct’ to regulated workers (this is relevant to the new unfair deactivation jurisdiction for employee-like workers and the unfair termination jurisdiction for regulated road transport contractors);
• Several procedural amendments to the regulated workers jurisdiction including prescribing a schedule of costs, setting the application fee and limiting the number of claims that can be brought by a person in relation to the same matter;
• Amendments to the Independent Contractors Regulation 2016 (Cth) so additional state laws continue to operate; and 
• Amendments to the Fair Work (Registered Organisations) Regulations 2009 (Cth) to make consequential amendments associated with relevant changes in the Fair Work Legislation Amendment (Closing Loopholes (No. 2)) Act 2024 (Cth).