The Chamber of Commerce and Industry WA has seen a surge in enquiries as a result of the new workplace laws in Australia, which have been imposed as part of the “closing loopholes” Bill passed through Parliament earlier this year.
CCIWA Chief Executive Chris Rodwell says every business in Australia that employs people could be affected by significant changes to the laws, which come into effect from 26 August 2024.
Part of the revamped laws include changes to the definition of casual employment and independent contractors, and the introduction of “right to disconnect” laws.
Businesses with more than 15 employees will be subject to new right to disconnect laws, giving workers the right to ignore work communications outside of standard working hours.
Rodwell says the overall changes will see Australia’s Fair Work Act increase in size by 50% compared to 2022.
“Not only has the Act grown in size but it’s also more complex, which poses a significant challenge for small and family businesses in Western Australia which don’t have HR departments to manage compliance,” he says.
“And the penalties for getting it wrong are significant – almost $100,000 per breach of these new laws.”
The changes to the definition of casual employment will allow workers to move from casual to permanent employment after six months, if they are working regular shift patterns.
Rodwell notes that many workers will choose to stay casual because they enjoy the higher hourly rate, but this change builds in an inherent risk for employers when they take on a casual.
This will likely result in employers offering fewer casual positions, or changing the way they roster shifts to avoid the pattern becoming regular, he adds.
“The biggest losers from that scenario will be the workers who rely on the extra income from casual work during a cost-of-living crisis, and those who enjoy regular shift patterns to fit around study or caring responsibilities,” Rodwell notes.
CCIWA provides workplace relations support to thousands of Western Australian businesses navigating these changes and has seen a surge in enquiries as a result of the new laws.
Rodwell highlights the importance for employers to be aware of their obligations under the new system and seek advice if they are unsure about their arrangements.
Images: CCIWA
