There have been some recent changes to the Fair Work Act you should know about.
These changes affect 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
- 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 (super) contributions for eligible employees under superannuation guarantee laws.
From 1 January 2024, super is an entitlement under the National Employment Standards as well.
The Fair Work Information Statement reflects 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.