Fair Work Act 2009

What changed

Increased maximum penalties for 'serious contraventions' tenfold (now up to $666,000 for a body corporate per contravention as at 2026), introduced a new prohibition on cashback arrangements, and made franchisors and holding companies liable for underpayments by franchisees and subsidiaries if they had a reasonable expectation of breaches. Came out of the 7-Eleven wage scandal.

Who's affected

All employers, franchisors and holding companies of Australian businesses.

What changed

First legislative response to the Respect@Work report. Inserted a new prohibition on workplace sexual harassment into Part 3-5A of the Fair Work Act and gave the Fair Work Commission a stop sexual harassment order jurisdiction (mirroring the existing stop bullying orders regime). Worker eligibility was extended beyond 'employees' to include contractors, work experience students and volunteers.

Who's affected

All employers and PCBUs; workers including contractors, students and volunteers.

What changed

Inserted 10 days of paid family and domestic violence leave per year into the National Employment Standards, replacing the unpaid 5-day entitlement that had been in the NES since 2018. Available from day one of employment, paid at the employee's full rate. Casuals get the leave but paid only for shifts they were rostered to work.

Who's affected

All National System employees including casuals; phased rollout gave small businesses (fewer than 15 employees) six extra months.

What changed

The Albanese Government's first big workplace reform. Introduced single-interest and supported multi-employer bargaining streams, banned pay secrecy clauses, prohibited fixed-term contracts beyond 2 years (with limited exceptions), strengthened the Better Off Overall Test (BOOT), made sexual harassment in connection with work a civil-penalty contravention, and introduced new flexible work request and dispute powers.

Who's affected

All employers — particularly those using fixed-term contracts, pay-secrecy clauses or operating in industries vulnerable to multi-employer bargaining (early childhood education, aged care, cleaning).

What changed

Closing Loopholes No.1 made wage theft a criminal offence (max 10 years jail, $7.825M fine for companies) from 1 January 2025, created the same-job-same-pay regime requiring labour hire workers to be paid at least the host-employer rate, gave the FWC powers over discrimination in the workplace, strengthened union right-of-entry, expanded the small-business insolvency framework and added new protections for first responders with PTSD.

Who's affected

All employers (criminal wage theft); host employers and labour hire providers (same job same pay); insolvency practitioners.

What changed

Introduced the right to disconnect (s 333M) — employees can refuse contact outside working hours unless refusal is unreasonable, with FWC orders available for disputes. Replaced the *Rossato* test for casuals with a new s 15A 'whole of relationship' definition and a casual-to-permanent conversion pathway. Introduced a new multi-factor employee-vs-contractor test in s 15AA, replacing the *Personnel Contracting* contract-primacy approach. Gave gig workers and road transport contractors minimum-standards protections through the FWC.

Who's affected

Every employer; principals using independent contractors; digital platform operators in gig economy; road transport contractors.