Submission to Review of the Closing Loopholes Act

Submission by the Australian Council of Trade Unions to the Independent Statutory Review into the operation of the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 and the Fair Work Legislation Amendment (Closing Loopholes No.2) Act 2024

Overview

The ACTU welcomes this independent statutory review into the operation of the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth) (Closing Loopholes Act) and the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (Cth) (Closing Loopholes No. 2 Act). Both of these laws made extensive amendments to the Fair Work Act 2009 (Cth) (FW Act) along with several federal safety statutes. The review will:

• consider whether the operation of the amendments is appropriate and effective;
• consider whether the operation of the amendments is appropriate and effective;
• consider whether further amendments to the FW Act, or any other legislation, are necessary to improve the operation of the amendments or rectify any unintended consequences that are identified.

The Terms of Reference also state that:
The review must also further consider the effectiveness of the amendments made by the Family and Domestic Violence Leave Act, taking into account the 2024 independent statutory review of this Act which found that while the entitlement is operating as intended, more time was needed for employers and employees to experience the existing entitlement before further calls for reform were progressed.

The Closing Loopholes Act and Closing Loopholes No. 2 Act originated in the form of one bill introduced into Parliament on 4 September 2023. The Government’s intention in introducing the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Closing Loopholes Bill) was to complement the reforms introduced through the Fair Work Legislation Amendment (Secure Jobs Better Pay) Act 2022 (Cth), which were primarily aimed at improving job security, getting real wage increases moving and closing the gender pay gap.

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