There have been some recent changes to the Fair Work Act that apply to all businesses — changes to employee authorised deductions, superannuation in the National Employment Standards, and the new Closing Loopholes laws.
Employee authorised deductions
From 30 December 2023, new rules apply for employee authorised deductions from pay that are either one-off or recurring, or for specific amounts or for amounts that change from time to time.
Permission needs to be in writing and there are rules about when these deductions are allowed and how they need to be recorded.
Awards and registered agreements can also allow for deductions from pay to be made in some circumstances.
Superannuation in the National Employment Standards
Employers have an obligation to pay superannuation contributions for eligible employees under superannuation guarantee laws.
From 1 January 2024, superannuation is an entitlement under the National Employment Standards as well.
The Fair Work Information Statement has been updated to reflect these changes.
Closing Loopholes: Other important changes
There have also been changes to the Fair Work Act as part of the Australian Government’s new ‘Closing Loopholes’ laws.
Most of the changes started on 15 December 2023, while others start this year and in 2025.
Changes that have started include new:
- rules for labour hire workers
- discrimination protections for employees experiencing family and domestic violence
- small business redundancy rules
- workplace delegate rights
- right of entry rules.
Also under the new laws, the intentional underpayment of wages will be criminalised. These changes won’t start before 1 January 2025.
We encourage Chamber members and all businesses in the region to remain proactive and well-informed about changes that impact your business. The changes require your immediate attention to ensure compliance and avoid penalties.
Please reach out to your professional advisers, review your processes, and take the necessary steps to address these changes effectively.
By acting now, you can protect your business and maintain a competitive advantage in the ever-evolving business landscape.
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