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Closing the Labour Hire Loophole: What's Changing

action australian capital territory casual conversion changes employee protection employee rights fair work family and domestic violence hr compliance minimum entitlements modern awards new south wales northern territory queensland regulation south australia tasmania victoria western australia workplace delegates Jan 12, 2024

Following the proposed amendments to the Fair Work Act 2009 back in September 2023, it is confirmed the Fair Work Amendment (Closing Loopholes) Act 2023 is now in force. Approval was granted on 14 December 2023, with further changes due to commence in 2024 and 2025.

What does this mean?

Key changes and protections have been made relevant to our work.  

The main areas include, family and domestic violence and workplace delegates protections, changes for labour-hire workers and changes to protected action ballot order conferences.


Let’s dive into the timeline of changes!

15 December 2023

  • Introduction of small business redundancy exemption provisions
  • Regulated labour hire arrangement jurisdiction
  • Protection for employees subject to family and domestic violence
  • Changes to Workplace delegates’ rights provisions 
  • Changes to compulsory conciliation conferences in protected action ballot matters
  • Changes to Right of entry, to assist health and safety representatives

 1 July 2024

  • Determinations varying modern awards to include a delegates’ rights term
  • Delegates’ rights term must be included in a workplace determination made on or after 1 July 2024
  • Delegates’ rights term must be included in an enterprise agreement approved by vote on or after 1 July 2024

1 November 2024

  • Regulated labour hire arrangement orders can commence


Over the coming weeks we will be sharing an article per bullet point above, to help educate you on the specifics of each change. Stay tuned!

If you'd like to discuss how these changes could impact your business or have any other questions about HR matters, please reach out to the team at [email protected]


Author: Jess Roughsedge (HR Officer).