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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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.

Increased penalties for WHS Act offences resulting from changes to Fair Work Legislation Amendment (Closing Loopholes) Bill 2023

Tougher penalties for offences under Commonwealth work health and safety laws are now in force across the Comcare jurisdiction.

The changes are part of the Fair Work Legislation Amendment (Closing Loopholes) Act that passed parliament in December 2023. The legislation amends the Work Health and Safety Act 2011 (WHS Act) to include:

Significant increases to penalties for Category 1 offences:

• $15 million for a body corporate or the Commonwealth (previously $3 million)

• $3 million for a person conducting a business or undertaking or an officer (previously $600,000)

• $1.5 million for any other person (previously $300,000).

Increasing all other WHS Act penalties by almost 40 per cent. The maximum penalties for Category 2 and 3 offences are now $2 million and $700,000 respectively for bodies corporate (previously $1.5 million and $500,000).

Need help to comply with Work Health Safety requirements? Call ISOsafe 1300 789 132.

An indexing mechanism to increase WHS Act and Regulation penalties annually in line with the national Consumer Price Index.

Industrial manslaughter and other work, health and safety reforms

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New criminal responsibility provisions for bodies corporate and the Commonwealth.

The Closing Loopholes legislation also amends the WHS Act to introduce the offence of industrial manslaughter for causing a workplace death through negligent conduct or recklessness. The new offence will apply to officers and PCBUs. Taking effect on 1 July 2024, the offence carries maximum penalties of $18 million for bodies corporate or the Commonwealth and 25 years’ jail for individuals.

A further WHS Act amendment will establish a Family and Injured Workers Advisory Committee by the end of 2024. The Committee will provide advice to the Minister for Employment and Workplace Relations, and Comcare, on the support needs of those affected by a serious workplace incident and help inform relevant policies and strategies.

Source: https://www.comcare.gov.au/safe-healthy-work/prevent-harm/changes-to-whs-laws

Call ISOsafe for assistance with Work Health and Safety Compliance - 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 〰️

Modern Slavery Risk Advisory - Eliminate Modern Slavery Risks from your Supply Chain

ISOsafe offer Tools and Guidance to help your business end Forced labour, modern slavery and human trafficking in its Supply Chain

What is Modern Slavery?

Modern Slavery is the exploitation of individuals for the purpose of personal or commercial gain and is prohibited under Article 4 of the UN Declaration of Human Rights. It is defined by a range of practices that include: trafficking in persons; slavery; servitude; forced marriage; forced labour; debt bondage; deceptive recruiting for labour or services; and the worst forms of child labour and is visible in many global supply chains.

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Ask ISOsafe - Call Now 1300 789 132 〰️

Modern Slavery Compliance Reporting Thresholds

Australian Commonwealth legislation, Modern Slavery Act 2018 (Cth), requires entities with an annual revenue of $100 million to publicly report on how they are managing the risk of modern slavery in their operations and supply chains.  The Act commenced on 1 January 2019.

Modern Slavery Act 2018 (NSW) is New South Wales (NSW) State specific legislation requiring entities with revenue above $50 million to monitor and report Modern Slavery risks. The Act came into effect on 1 January 2022.

How ISOsafe can help?

Our specialists work with you to:

• Identify your Human Rights Risks by assessing your organisation and your Supply Chain;

• Develop an Action Plan to enhance your Practices and Management Systems;

• Deliver training to your team to help them identify Modern Slavery Risks;

• Build Systems and Processes to close any Modern Slavery gaps in your Systems and Practices; and

• Develop Modern Slavery Statements for registration with the Attorney-General’s Online Modern Slavery Register.

Call ISOsafe today to start your Modern Slavery Compliance journey – 1300 789 132

Ergonomic Workstation Setup Tips for Home and Office Computer Users

Proper Workstation Setup Guide to Prevent Work-Related Musculoskeletal Disorders

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Whether working from home or in the office, spending the time to set up your workstation can keep you or your employees safe from future injury and pain.

Workstation ergonomics refers to taking specific actions to set up a workspace according to an individual’s personal needs.

An ergonomic workstation can improve comfort, posture and reduce the risk of conditions like carpal tunnel and cramps.

To make your computer workstation more comfortable consider:

• Adjusting your chair, monitor and desk correctly – have everything within easy reach

• Task rotation - take regular rest breaks to stretch and vary your posture

• Evaluate your work environment – adjust room brightness (to reduce screen glare), temperature, and regularly allow for fresh air/ventilation.

If you are experiencing discomfort, prioritise contacting ISOsafe to conduct an Ergonomic Assessment of your workstation.

Whether you’re working from home, an office or any other environment an assessment will ensure your equipment matches the work you do and your body’s needs.

ISOsafe is trusted by businesses Australia-Wide. Call us on 1300 789 132 to learn more about Workstation Ergonomics and Prevention of Work-Related Musculoskeletal Disorders in your workplace.