Closing Loopholes laws to be reviewed

Legislation passed in late 2023 to prevent the undercutting of workers’ pay and conditions is set to be reviewed to ensure the laws are operating as intended.

The Albanese government has announced an independent statutory review of the Closing Loopholes reforms, passed first in late 2023 and then in a second tranche in 2024. The review will commence on 15 December, with a final report to the government to be handed down before 15 June 2026.

Under the legislation, a review must occur no more than two years after the reforms commenced to consider whether the laws are operating as intended. The government has combined the reviews of the two Closing Loopholes acts “for simplicity into a single review”: the Closing Loopholes Review.

The review will also examine the operation of the Paid Family and Domestic Violence Leave Act 2022, the Department of Employment and Workplace Relations said in a statement.

The review will be undertaken by former Fair Work commissioner Susan Booth, who has also served as a senior member of the Queensland Civil and Administrative Tribunal and as Queensland’s anti-discrimination commissioner. Prior to this, she was a solicitor specialising in employment and industrial law.

Speaking about the review, Minister for Employment and Workplace Relations Amanda Rishworth said: “Our Closing Loopholes laws are all about stopping Australian workers’ pay and conditions being undercut, and making sure employers doing the right thing aren’t disadvantaged.

“We are seeing positive early signs that our laws are working.

“This independent review will hear views from workers and employers as well as experts to determine whether our laws are working as intended.

“I’d encourage stakeholders and interested parties to engage with Ms Booth in this process.”

Australian unions welcomed the review of the laws that have, among other things, brought in ‘same job, same pay’ for labour-hire workers, world-first rights for gig workers, and better protections for casual workers.

The Australian Council of Trade Unions (ACTU) assistant secretary Liam O’Brien said: “The Closing Loopholes laws have already delivered major wins for working people – from closing wage-cutting labour hire loopholes, to establishing world-leading minimum standards for gig workers and better protections for casual workers.

“These reforms are making a difference to working people’s living standards and promoting fairness for both employers and workers across Australian workplaces.”