A third piece of legislation has now been introduced to Parliament by the Government in the form of the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Bill). It follows the ‘Secure Jobs, Better Pay’ and ‘Protecting Worker Entitlements’ legislation which are both now in operation.

The Bill as its title suggests intends to close loopholes existing in the Fair Work Act 2009 (Cth) (Act) which allow underpayment and substandard conditions to be imposed on a range of workers. This article highlights the key changes proposed by the Bill relating to employment relationships that both employers and employees ought to be aware of, should the Bill be made into law.

The Full Court of the Federal Court of Australia has recently handed down a decision relating to public holiday work and the requesting of employees to work on these days. The findings clarify the procedure that employers must follow if they want employees to work on public holidays and serve as a reminder that it is an employee’s legislative entitlement to be absent on a public holiday unless the proper procedure is followed.

New changes to the Fair Work Act 2009 (Cth) (FWA) as of 1 February 2023 have introduced paid family and domestic violence (FDV) leave for employees who are dealing with the impacts of FDV.

The FWC has recently delivered a ruling involving an analysis of an employee v independent contractor relationship post the High Court’s landmark decisions of Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1 (Personnel Contracting) and ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2 (Jamsek) in this area last year.