The “closing the loopholes bill” is a proposed legislation by the Australian government that aims to improve the working conditions and pay of casual, gig, and labour hire workers. It also intends to criminalise wage theft and close some loopholes that allow employers to avoid paying fair wages and entitlements. Some of the key measures of the bill are:
- Introducing a new definition of “casual employee” that focuses on the absence of a firm advance commitment to continuing and indefinite work, rather than the terms of the contract.
- Providing a mechanism for eligible casual employees to notify their employer that they consider they are eligible for permanent employment, and requiring the employer to consult and respond within 21 days.
- Closing the labour hire loophole, by providing for same job, same pay for labour hire workers who perform the same work as permanent employees under an enterprise agreement.
- Criminalising intentional wage theft, with penalties of up to 10 years imprisonment or $1.1 million for individuals, or $5.5 million for corporations.
- Expanding the definition of “employee” to include “regulated workers”, who are workers that perform work for a digital platform or in the road transport industry, and providing them with minimum standards and entitlements.
- Strengthening protections against discrimination, including by preventing adverse action against employees subject to family and domestic violence.
- Closing the “loophole” in which large businesses claim the small business redundancy exemption to avoid redundancy payments.
- Introducing the offence of industrial manslaughter, with penalties of up to 20 years imprisonment or $10 million for individuals, or $50 million for corporations.
The bill was introduced to Parliament on 4 September 2023 and was split into two parts on 7 December 2023, following a deal with the Greens and the crossbench to pass some of the less controversial measures. The first part of the bill, which contains the measures listed above, was approved by the Senate on the same day and is expected to be passed by the House of Representatives in the new year. The second part of the bill, which contains more complex and controversial measures, such as casual employment, definitions of employment, intractable bargaining workplace determinations, sham arrangements, and more, will be debated in the new year1
If you want to learn more about the bill, you can read some of the articles that I found from the web:
- Closing Loopholes Bill split in two: Wage theft and labour hire amendments passed the Senate today
- No Loopholes Here: The Closing Loopholes Bill Explained
- Closing Loopholes Bill critical to solve cost-of-living crisis
- Explaining the Closing Loopholes Bill for workers
- Australian government to close labour hire loophole to help 67,000 workers being ripped off by employers
I hope this helps you understand the “closing the loopholes bill” better.
Thanks for explaining that Bing.
Okay, so not everything is the bill sounds bad. Stopping wage theft is a good thing. It’s just the gig worker parts that I want to understand.
This website is a public place for me to hopefully gather input from other delivery drivers and understand what the changes might mean to other people and not just how I think they’ll impact me.
Do you have any details about the contents of the Bill I might be interested in? Leave a comment!