Fair Work Legislation Amendment (Closing Loopholes) Bill 2023

Amends the: Fair Work Act 2009 in relation to: casual employment; small business redundancy exemptions in insolvency contexts; enabling multiple franchisees to access the single-enterprise stream; transitioning from multi-enterprise agreements; model terms; regulated labour hire arrangement orders; workplace delegates’ rights; discrimination against employees subjected to family and domestic violence; sham contracting; exemptions to waive entry requirements for suspected underpayment and increasing maximum penalties for underpayments; compliance notices; introduction of a criminal offence for wage theft; the definition of employment; minimum standards and increased dispute resolution for employee-like workers performing digital platform work and regulated road transport industry contractors; and removal of a sunsetted clause relating to applications to vary modern awards; Fair Work (Registered Organisations) Act 2009 to remove provisions relating to the withdrawal of parts of amalgamated organisations; Independent Contractors Act 2006 to provide that the Act applies to independent contractors performing work remunerated at an amount exceeding the new contractor high income threshold; Asbestos Safety and Eradication Agency Act 2013 to expand the functions of the Asbestos and Silica Safety and Eradication Agency in relation to silica safety and silica-related diseases; Safety, Rehabilitation and Compensation Act 1988 to implement presumptive liability provisions for first responders who suffer from post-traumatic stress disorder; and Work Health and Safety Act 2011 to: introduce an offence of industrial manslaughter; and amend the offences and penalties framework.
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