Fair Work Amendment

A separate round of Closing Loopholes changes created a new right to disconnectThe rule that lets an employee ignore unreasonable work contact outside working hours unless a tribunal order says otherwise. and let the Fair Work CommissionThe workplace tribunal that can make orders and hear disputes under the Fair Work Act. make orders about unreasonable out-of-hours contact, but those orders would have sat under a criminal penalty provision that did not apply to comparable stop bullying and stop sexual harassment orders. This bill was introduced to remove that mismatch and keep enforcement in the civil penaltyA non-criminal punishment, usually a fine, used to enforce workplace laws. system, and after Parliament passed it and Royal AssentThe formal step where a bill becomes law after Parliament passes it and the Governor-General approves it. was given, the change was tied to the commencementThe date a law or part of a law starts to operate. of the separate right to disconnectThe rule that lets an employee ignore unreasonable work contact outside working hours unless a tribunal order says otherwise. law.

1. 15 Feb 2024

   Government moves to fix criminal penalties in the new right to disconnectThe rule that lets an employee ignore unreasonable work contact outside working hours unless a tribunal order says otherwise. rules

   When introducing the bill, the government said the separate right to disconnectThe rule that lets an employee ignore unreasonable work contact outside working hours unless a tribunal order says otherwise. changes would otherwise expose breaches of Fair Work CommissionThe workplace tribunal that can make orders and hear disputes under the Fair Work Act. orders to criminal penalties unlike comparable stop bullying and stop sexual harassment orders.

   Hansard ↗
2. 15 Feb 2024

   Bill is introduced in the House of RepresentativesThe lower house of the federal Parliament, where the bill was first considered and passed.

   The explanatory memorandumThe official note that explains what a bill does and why it is being introduced. said the bill would remove criminal liability for contravening Fair Work CommissionThe workplace tribunal that can make orders and hear disputes under the Fair Work Act. right to disconnectThe rule that lets an employee ignore unreasonable work contact outside working hours unless a tribunal order says otherwise. orders so breaches would instead be dealt with through the existing civil framework.

   Australian Parliament House ↗
3. 28 Feb 2024

   House passes the bill

   The House completed its consideration within two weeks of introduction, showing the amendment was treated as a targeted correction to the earlier workplace law changes.

   Parliamentary timeline ↗
4. 16 May 2024

   Parliament passes the bill

   Both houses agreed to the bill in the same form, clearing the way for the criminal penalty carve-out to be locked into the Fair Work ActThe main federal law that sets workplace rights and rules, including the penalty system discussed on this page..

   Parliamentary timeline ↗
5. 31 May 2024

   Royal AssentThe formal step where a bill becomes law after Parliament passes it and the Governor-General approves it. makes the amendment law

   Royal AssentThe formal step where a bill becomes law after Parliament passes it and the Governor-General approves it. turned the bill into an Act, with commencementThe date a law or part of a law starts to operate. tied to the start of the separate right to disconnectThe rule that lets an employee ignore unreasonable work contact outside working hours unless a tribunal order says otherwise. provisions so the criminal offenceA breach serious enough to risk prosecution and, in this case, possible jail time rather than just a civil penalty. would never apply when that regime begins.

   Parliamentary timeline ↗