Fair Work urges small businesses to stay on top of IR changes with new, easy-read timeline

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Fair Work Ombudsman Anna Booth. Source: LinkedIn

Small businesses can now access an easy-to-read timeline of upcoming industrial relations reforms, as Fair Work Ombudsman Anna Booth urges entrepreneurs to acquaint themselves with significant changes to employment rules.

The FWO on Tuesday publicised a simple guide to recent and upcoming legal changes, stemming from both tranches of the Closing Loopholes package, and elements of the earlier Secure Jobs, Better Pay legislation.

The changes promise to significantly change how many small businesses and startups operate.

They include everything from changing casual worker conversion rights and a new definition of employment, through to a legally-binding right to disconnect.

Maximum civil penalties are also set to rise, and small businesses need to learn when they will (or won’t) be shielded from new wage underpayment penalties.

Employers, employees, and independent contractors must understand their rights and obligations under the changes, said Booth.

“The changes substantially increase the penalties which a court can order for non-compliance with a range of workplace laws, by up to five times for non-small business employers,” she said.

“This sends a clear message and expectation — employers must invest the time and resources to meet their new legal obligations.

“We are here to help them get it right.”

Small businesses with further questions or concerns about the upcoming changes can access the FWO small business portal, or contact the FWO directly.

The summary FWO timeline can be viewed below, and a more in-depth timeline can be downloaded here:

Key dates for businesses

December 6, 2023

  • Fixed-term contract reforms

December 7, 2023

December 15, 2023

  • Small business redundancy exemption tightened
  • New labour hire worker rules
  • New discrimination protections
  • Union official right of entry changes
  • Workplace delegate rights and protections change
  • New requirements for compulsory conciliation conferences in protected ballot matters
  • Asbestos Safety and Eradication Agency to cover silicosis

February 27, 2024

  • Civil penalty increase
  • Changes to enterprise agreements and bargaining rules
  • New sham contracting rules
  • Compliance notice changes
  • Updated demerger rules for registered organisations

July 1, 2024

  • Changes to registered organisation entry to workplace regarding suspected underpayment
  • Industrial manslaughter offence and increased penalties under the Commonwealth Work Health and Safety Act, 2011

August 26, 2024

  • Changes to casual employment
  • Right to disconnect for non-small business employees

August 26, 2024, or earlier if set by federal government

  • New formal definition of employment
  • Minimum standards orders in gig economy
  • Additional workplace delegates’ rights

November 1, 2024

  • Labour hire orders made by Fair Work Commission come into effect

No earlier than January 1, 2025

  • Criminalisation of intentional wage underpayments, excluding small businesses under voluntary compliance code
  • Further updates to civil penalties for wage underpayments

February 26, 2025, or earlier if set by federal government

  • Fair Work Commission powers over enterprise agreement terms relating to flexibility, consultation and dispute resolution

August 26, 2025

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