Fair Work Legislation Amendment (Closing Loopholes) Bill 2023

Type
Government
Portfolio
Employment and Workplace Relations
Originating house
House of Representatives
Status
Act
Parliament no
47

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Summary

Amends the: Fair Work Act 2009 in relation to: casual employment; small business redundancy exemptions in insolvency contexts; enabling multiple franchisees to access the single-enterprise stream; transitioning from multi-enterprise agreements; model terms; regulated labour hire arrangement orders; workplace delegates’ rights; discrimination against employees subjected to family and domestic violence; sham contracting; exemptions to waive entry requirements for suspected underpayment and increasing maximum penalties for underpayments; compliance notices; introduction of a criminal offence for wage theft; the definition of employment; minimum standards and increased dispute resolution for employee-like workers performing digital platform work and regulated road transport industry contractors; and removal of a sunsetted clause relating to applications to vary modern awards; Fair Work (Registered Organisations) Act 2009 to remove provisions relating to the withdrawal of parts of amalgamated organisations; Independent Contractors Act 2006 to provide that the Act applies to independent contractors performing work remunerated at an amount exceeding the new contractor high income threshold; Asbestos Safety and Eradication Agency Act 2013 to expand the functions of the Asbestos and Silica Safety and Eradication Agency in relation to silica safety and silica-related diseases; Safety, Rehabilitation and Compensation Act 1988 to implement presumptive liability provisions for first responders who suffer from post-traumatic stress disorder; and Work Health and Safety Act 2011 to: introduce an offence of industrial manslaughter; and amend the offences and penalties framework.

Progress

House of Representatives
Introduced and read a first time 04 Sep 2023
Second reading moved 04 Sep 2023
Second reading debate 05 Sep 2023
Second reading debate 06 Sep 2023
Second reading debate 07 Sep 2023
Second reading debate 11 Sep 2023
Second reading debate 12 Sep 2023
Second reading debate 13 Sep 2023
Second reading debate 14 Sep 2023
Second reading debate 18 Oct 2023
Second reading debate 14 Nov 2023
Second reading debate 15 Nov 2023
Second reading debate 16 Nov 2023
Second reading agreed to 16 Nov 2023
Consideration in detail debate
  • Amendment details: 82 Government and 8 Crossbench agreed to
28 Nov 2023
Consideration in detail debate
  • Amendment details: 2 Crossbench agreed to
29 Nov 2023
Third reading agreed to 29 Nov 2023
Senate
Introduced and read a first time 04 Dec 2023
Second reading moved 04 Dec 2023
Second reading debate 07 Dec 2023
Second reading agreed to 07 Dec 2023
Third reading agreed to
  • : Amendment details: 22 Government agreed to (including amendments to divide the bill)
07 Dec 2023
House of Representatives
Consideration of Senate message
  • Details: House agreed to 20 Senate amendments. Bill divided into the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 and the Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023
07 Dec 2023
Finally passed both Houses 07 Dec 2023
Assent
  • Act no: 120
  • Year: 2023
14 Dec 2023

Documents and transcripts

Text of bill

Explanatory memoranda

Proposed amendments

House of representatives

Senate

Schedules of amendments

Bills digest

Notes

Helpful information

Text of bill

  • First reading: Text of the bill as introduced into the Parliament
  • Third reading: Prepared if the bill is amended by the house in which it was introduced. This version of the bill is then considered by the second house.
  • As passed by both houses: Final text of bill agreed to by both the House of Representatives and the Senate which is presented to the Governor-General for assent.

Explanatory memoranda

  • Explanatory memorandum: Accompanies and provides an explanation of the content of the introduced version (first reading) of the bill.
  • Supplementary explanatory memorandum: Accompanies and explains amendments proposed by the government to the bill.
  • Revised explanatory memorandum: Accompanies and explains the amended version (third reading) of the bill. It supersedes the explanatory memorandum.

Proposed amendments

Circulated by members and senators when they propose to make changes to the bill. For details about the outcome of proposed amendments please refer to either the Votes and Proceedings (House of Representatives) or the Journals (Senate).

Schedules of amendments

Schedules of amendments list amendments agreed to by the second house are communicated to the first house for consideration. Subsequent action by either house may also be included in a schedule.

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