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Closing Loopholes Act - Same Job Same Pay

act australia changes closingloopholes compensationorders compliance employee enterprise agreement fair work fairness fairworkcommission hosts industry update labourhire nsw nt regulation sa small business tasmania unions vic wages Apr 30, 2024

Closing Loopholes Act - Regulated Labour Hire Arrangement Jurisdiction

Effective from - 15 December 2023

 

The Fair Work Legislation Amendment (Closing Loopholes) Act 2023 brings important changes to labour hire arrangements. Now, employees, unions, and host employers can apply to the Fair Work Commission for fair compensation orders, aligning labour hire wages with host enterprise agreements.

These amendments aim to promote fairness in labour hire compensation! 

 

 Key Changes:

  • Labour hire workers may now receive wages equivalent to those outlined in the host company's enterprise agreement.
  • Commission orders require host agreement applicability and fairness assessments.
  • Exemptions apply for training arrangements and small business hosts (fewer than 15 employees).

 

Implications and Transition:

  • Labour hire employers must comply with orders and can request host information for accurate pay calculations.
  • Hosts must notify tender participants of compliance requirements.
  • Transition period until 1 November 2024 allows adjustment.

 

Please feel free to reach out to a member of the Employii team and we can assist you with this or any questions you may have. We are contactable via [email protected] or give us a call on 0401 510 559.

 

Author: Sergio Luna (HR Intern)