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New Laws - Fair Work Commission

New workplace laws that start from 26 August 2024 may affect you. Find out more about the new laws for regulated workers and businesses, the right to disconnect, and casuals.

These changes are part of the Fair Work Legislation (Closing Loopholes No. 2) Act 2024 amendments.

Independent contractors – unfair contracts

We can now deal with disputes about unfair contracts for independent contractors. We can cancel (set aside) or change (amend or vary) unfair terms that would relate to workplace relations matters if the independent contractor were an employee. Read about:  Watch a video about unfair contract terms .

Casual employees

There is a new definition of casual employee, and we can now deal with disputes about the right of casual employees to become permanent (in some circumstances). Read about: 
  • Casual to permanent status including new laws about:
    •  disputes relating to the right of casuals to become permanent employees
    • the definition of a casual employee. 
Read our fact sheet about the new casual employment laws (pdf).

Employee right to disconnect

We can now deal with disputes about the employee right to disconnect. Read about:
  • Right to disconnect disputes includes new laws about:
    •  how we deal with disputes about the right to disconnect, including: 
      • stop orders, and 
      • changes to general protections. 
Read our fact sheet about the right to disconnect (pdf)Watch our animation about understanding the right to disconnect .

Definition of employment

Section 15AA of the Fair Work Act 2009 takes effect from 26 August 2024. It sets out how to determine whether a relationship is an employment relationship for the purposes of the Fair Work Act. This section may impact our functions wherever employment status is an issue. A person whose earnings exceed the contractor high income threshold may choose to opt out of the section.

News and updates

For news and updates before 26 August 2024 see our Closing loopholes – what’s changing webpage.

Taken from the Fair Work Commission Website on September 5, 2024.

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