Diamonds Background Image Diamonds Background Image

2024 – Some Changes To Employment Law

Author: Robert Lamb
2 min read
22 January 2024

Key Takeaways

  • Superannuation on ordinary time earnings enshrined in National Employment Standards;
  • Closing the gender pay gaps;
  • Protections against discrimination of employees in relation to experiencing family and domestic violence;
  • Industrial manslaughter now a crime; and
  • National criminalisation of wage theft.

Employment Law is ever changing. 2024 brings further changes to the legal obligations of employers when employing people. 

This article briefly outlines some of the known major changes but no doubt there will be more along the way and we will endeavour to keep you updated as to those changes as well. 

December 2023 

The first tranche of amendments prescribed by the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth) commenced on 15 December 2023. These include: 

  1. Protections against discrimination of employees because of experiencing family and domestic violence.
  2. Introduction of a rebuttable presumption that any First Responder diagnosed with PTSD has acquired the condition in their employment.
  3. Establishment of a regulated labour hire arrangement jurisdiction allowing employees, unions, and host employers to apply to the Fair Work Commission (‘Commission’) for a regulated labour hire arrangement order. Such orders will require a host employer to pay all labour hire workers a minimum wage of that equivalent to a full-time employee working in the same position. The Commission does not have power to make orders until November but applications can be made. 

Also, as of 30 December 2023, employees may authorise their employer to make ongoing salary deductions of amounts that may vary periodically. Employees can authorise deductions by submitting to their employer a written authorisation which they may retract at any time in writing and which will remain valid should the value of the deduction change. 

January 2024 

The National Employment Standards, the minimum standards in Australian employment law, now prescribe that superannuation be paid based on the employee’s ordinary work hours.  The current superannuation rate is 11% and will increase to 11.5% on 1 July 2024 and 12% on 1 July 2025. 

Also, as of 1 January 2024, long service leave entitlements are now available to casual employees in the black coal mining industry. 

April 2024 

Changes to employer reporting and policy requirements commence, applicable to organisations already required to report to the Workplace Gender Equality Agency. This includes mandatory reporting on sexual harassment, mandatory provision of employee information, and requirements for employers of 500 or more employees to implement policy or strategy relating to each of the six ‘gender equality indicators’. 

July 2024 

Industrial manslaughter is criminalised nationally with maximum penalties of 25 years imprisonment for an individual or $18 million for a body corporate. 

November 2024 

Regulated labour hire arrangement orders can be made by the Commission. 

January 2025 (Ok it is next year) 

Wage theft is deemed a criminal offence nationally. Employers will be liable for fines of up to $7.8 million- and 10-years imprisonment if found to have been intentionally underpaying employees. 

Employment Law is an everchanging and complex area of the law. If you have any questions either as an employer or employee feel free to contact Robert Lamb or John Davies on email or phone (07) 3220 1144

The information in this blog is intended only to provide a general overview and has not been prepared with a view to any particular situation or set of circumstances. It is not intended to be comprehensive nor does it constitute legal advice. While we attempt to ensure the information is current and accurate we do not guarantee its currency and accuracy. You should seek legal or other professional advice before acting or relying on any of the information in this blog as it may not be appropriate for your individual circumstances.

Stay Up-To-Date

Subscribe to receive updates specific to your preferences.


More Knowledge

All posts