Closing Loopholes Act – Wage Theft Provisions

From 1 January 2025, intentional underpayments of wages by employers will be a criminal offence.

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Ask ISOsafe - Call Now 1300 789 132 〰️

Employers may commit an offence if they owe money to an employee under the Fair Work Act or an industrial instrument (like an Award or an enterprise agreement), and intentionally engage in conduct that results in a failure to pay on or before the money is due. This can include failure to make required superannuation contributions.

A Voluntary Small Business Wage Compliance Code will be established before the changes take effect, and compliance with this Code means a small business won’t be prosecuted if they underpay their employees.

Companies prosecuted face penalties three-times the amount of the underpayment, if a court can determine it, or $7.825 million, whichever is greater. If the court can’t determine the underpayment, the maximum penalty is $7.825 million.

Individuals can be imprisoned for up to 10 years; be fined either three-times the amount of the underpayment, if the court can determine it, or up to $1.565 million, whichever is greater; or be both fined and imprisoned.

Does Your Business Need Help? For immediate assistance call ISOsafe 1300 789 132.

Changes to Fixed Term Employee Contracts

From 6 December 2023, new rules apply when engaging employees on fixed term contracts.

Changes to Fixed Term Employment Contracts

A fixed term contract terminates at the end of a specific period. This includes contracts where the employee is employed for a specific period.

The new rules include:

• a requirement for employers to give any employees they’re engaging on a new fixed term contract a Fixed Term Contract Information Statement (FTCIS).

In addition to the FTCIS, employers need to provide new fixed term contract employees with the Fair Work Information Statement.

• limitations on how fixed term contracts can be used.

There are some exceptions to who these rules apply to – more information can be found here

Limitations on using fixed term contracts

Source: The Fair Work Ombudsman (2023), www.fairwork.gov.au/

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Ask ISOsafe - Call Now 1300 789 132 〰️

Fair Work Compliant Policies and Procedures

Fair Work compliant policies and procedures are necessary to clearly define acceptable and unacceptable behaviour in the workplace, and set out the implications of unacceptable behaviour.

Fair Work Compliance - Custom made Employee Agreements, Policy Handbooks and Job Descriptions

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Ask ISOsafe - Call Now 1300 789 132 〰️

ISOsafes custom made workplace policies ensure your organisation is in a stronger position protecting employers and businesses.

ISOsafe Fair Work Policy Checklist:

·       Job Descriptions

·       Employment Contract

·       Recruitment Process Documents, such as, Welcome Letter

·       Employee Handbook that covers:

o   Workplace Health Safety (WHS) Policy

o   Equal Employment Opportunity (EEO), Discrimination and Harassment Policy

o   Workplace Bullying Policy

o   Whistleblower Policy

o   Grievance Policy

o   Leave Policy

o   Privacy Policy

o   Code of Conduct

o   Drug and Alcohol Policy

o   Internet and Email Policy

o   Mobile Phone Electronic Device Policy

o   Performance Counselling and Management Policy

o   Social Media Policy

Australian businesses are all uniquely set up meaning each will have its own processes, ways of doing business and dealing with customers meaning template solutions simply won’t work. ISOsafe prepare custom documentation to suit your businesses needs meaning we will work with you to better comply with legal obligations.

ISOsafe can help you manage your people and business – call us now 1300 789 132.