'Closing Loopholes' Legislation: A New Era of Fair Pay and Worker Recovery Support
The workplace reforms implemented by the Federal Government, such as the "same job, same pay" legislation, according to National Law Firm Slater and Gordon, would help level the playing field and provide workers with more equitable opportunities.
The National Industrial and Employment team's Gordon Legal Counsel, Slater, and Michael Sayers applauded the federal government's Closing Loopholes legislation, which was approved by the Senate yesterday and will take effect in 2024.
"The actions will make deliberate wage theft illegal and prevent businesses from underpaying labour hire employees." The modifications will prevent employers from using labour hire workers at a lower rate in order to undercut the Enterprise Bargaining Agreement (EBA) rates they must pay their own employees. Employers who provide labour hire services must pay their staff the same wages as host employers who have employees covered by an EBA. The EBA rate ought to be available to all employees, he stated.
"Vulnerable workers in industries like food processing or temporary employment settings frequently experience this in our work as employee representatives."
Although wage theft had been made illegal in Victoria, Mr. Sayers said it was a good idea to make it illegal nationwide so that employers would be held responsible for wilfully underpaying their employees.
Employees who steal from the till risk going to jail. Serious penalties should be imposed on employers who steal from employees, he said.
"This change is long overdue. This implies that there will be consequences in all states and territories if it is evident that a business wilfully and knowingly deprives its employees by failing to pay them what they are entitled to.
Because it can be difficult and costly for employees to pursue civil lawsuits to recoup unpaid wages, employers frequently believe they can get away with paying employees less than what is required. They rely on employees not opposing them because bringing a legal claim would be stressful, expensive, and time-consuming. Enforcing this law will be a crucial step in maintaining employer integrity. It sends a clear message that even if the employee chooses not to pursue them, they still run the risk of being prosecuted and facing criminal penalties.
According to Mr. Sayers, the Federal Work Health and Safety Act's upcoming introduction of the new criminal offence of industrial manslaughter will make sure that employers covered by the Act take their responsibilities for workplace health and safety seriously.
"No matter what state or territory they live in, workers should feel safe," he declared.
The industrial relations "closing loopholes" legislation also addresses the following changes:
Better protections for workers who are victims of domestic and family violence, as well as better support for first responders with post-traumatic stress disorder.
The silica sector is being added to the Asbestos Safety and Eradication Agency's purview.
closing a loophole that permits big companies to avoid paying redundancy payments during bankruptcy by claiming exemptions for small businesses.
The Fair Work Ombudsman's small business advisory service will receive more funding thanks to an agreement from the federal government. Additionally, in an effort to improve outcomes for injured workers, it will start an independent review of the Comcare programme. Following reports that the national occupational health and safety and workers compensation authority was using doctors with a history of writing reports to justify terminating or reducing an injured worker's compensation, this will include new guidelines on independent medical assessments for workers.
Reversing the burden of proof in Comcare claims for first responders suffering from post-traumatic stress disorder will guarantee that workers receive the right kind of assistance for their rehabilitation. First responders who work for the Federal Government will be covered by the provisions. These first responders include firefighters, emergency services communications operators, ambulance officers, paramedics, members of the Australian Federal Police, and members of the Australian Border Force.
Additional provisions from the original Closing Loopholes Bill, which will now be examined the following year, include the right of employees to disconnect while not on the clock and increased protections for contract and temporary workers. Reforms to the road transport sector will also be covered, along with better terms for temporary employees who wish to become permanent employees.
Recommend The Freeman Chronicle : Delivered fearless reporting to you
Before you go.. We need your Support
You can get The freeman Chronicle for free right now. Your donation, no matter how big or small, will help us keep doing honest journalism.
At a time when it's almost impossible to find the truth, we bring you news that has been checked for accuracy from reliable sources.
The readers of The Freeman Chronicle are the engine that drives our publication. Add your support to the effort to create a sustainable future for journalism that does not make compromises in the AU.
In the world we live in now, accurate and thorough reporting and analysis are becoming more and more critical. To stop the spread of false information, it's essential that everyone in Australia has access to good reporting.
The Freeman Chronicle contributes to society by opening up access to information and resources for all people, rather than just a select few.
Our only goal is to educate the general public more thoroughly. If you believe in what we're trying to accomplish here, please consider making a contribution right away to ensure our success in the years to come.
Upgrade your subscription to get the most out of it. Join the growing number of people around the world who believe in the power of independent media.
HAVE A TIP ?
Contact me via email, LinkedIn, a Direct Message on X, or my encrypted Proton Mail. In each of those locations, you can ask for my signal.