Amendment timeline
Fair Work Act 2009
About this Act
Australia's principal federal workplace relations Act, covering the National Employment Standards (NES), modern awards, enterprise bargaining, unfair dismissal, general protections (adverse action), industrial action and the powers of the Fair Work Commission and Fair Work Ombudsman. Has been amended at unprecedented pace since 2022 under the Closing Loopholes program. If you employ anyone in Australia, this Act applies.
- 7 April 2009
- 1 July 2009
Amendment timeline
Chronological list, oldest to newest. Each entry cites the legislation.gov.au compilation or as-made source and, where available, regulator guidance.
Fair Work Amendment (Protecting Vulnerable Workers) Act 2017
14 September 2017
15 September 2017
Increased maximum penalties for 'serious contraventions' tenfold (for conduct on or after 1 July 2026, up to $1,092,000 per contravention for a small business body corporate, or $5,460,000 for a body corporate with 15 or more employees, per the Fair Work Ombudsman), 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.
All employers, franchisors and holding companies of Australian businesses.
Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021
10 September 2021
11 September 2021
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.
All employers and PCBUs; workers including contractors, students and volunteers.
Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022
9 November 2022
1 February 2023 (non-small business); 1 August 2023 (small business)
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.
All National System employees including casuals; phased rollout gave small businesses (fewer than 15 employees) six extra months.
Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022
6 December 2022
Staged from 7 Dec 2022 through 6 Jun 2023
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.
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).
Fair Work Legislation Amendment (Closing Loopholes) Act 2023
14 December 2023
Staged: criminal wage theft 1 Jan 2025; same-job-same-pay 1 Nov 2024; small business insolvency from 15 Dec 2023
Closing Loopholes No.1 made intentional underpayment a criminal offence (s 327A) from 1 January 2025 — for a company, a maximum fine of the greater of 3 times the underpayment or $9.1 million; for an individual, up to 10 years' imprisonment and the greater of 3 times the underpayment or $1.82 million (Fair Work Ombudsman). It also created the same-job-same-pay regime for regulated labour hire arrangements, the Voluntary Small Business Wage Compliance Code (s 327B), workplace delegates' rights, strengthened discrimination protections, a small business redundancy exemption change for insolvent employers, right of entry to assist health and safety representatives, a Commonwealth industrial manslaughter offence in the Work Health and Safety Act 2011, and a PTSD presumption for first responders under the Safety, Rehabilitation and Compensation Act 1988.
All employers (criminal wage theft); host employers and labour hire providers (same job same pay); insolvency practitioners.
Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024
26 February 2024
Staged: right to disconnect 26 Aug 2024 (small business 26 Aug 2025); independent contractor test + casual definition 26 Aug 2024
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.
Every employer; principals using independent contractors; digital platform operators in gig economy; road transport contractors.
What's coming next
The Act continues to be amended after Closing Loopholes. Later amending Acts on the Federal Register of Legislation include the Fair Work Amendment (Protecting Penalty and Overtime Rates) Act 2025 (assented 29 August 2025), the Fair Work Amendment (Baby Priya's) Act 2025 (assented 6 November 2025), the Fair Work Amendment (Fairer Fuel) Act 2026 (assented 1 April 2026) and the Workplace Relations Legislation Amendment (Building Cooperative Workplaces No. 1) Act 2026 (assented 6 July 2026). Check the current compilation before relying on any provision.
Why this matters now
The criminal underpayment offence (s 327A) has applied since 1 January 2025 to intentional conduct, so payroll controls and prompt remediation of errors matter. The s 15AA 'whole of relationship' test changed how principals must assess contractor arrangements from 26 August 2024. The right to disconnect has applied to employers with 15 or more employees since 26 August 2024 and to small business employers since 26 August 2025.
Frequently asked
When does criminal wage theft apply?
From 1 January 2025. An employer commits an offence under s 327A if they intentionally engage in conduct that results in failure to pay an amount required by the Fair Work Act, a fair work instrument or a transitional instrument on or before the day it's due. Maximum penalty for an individual: 10 years' imprisonment and/or a fine of the greater of 3 times the underpayment or $1.82 million. For a company: the greater of 3 times the underpayment or $9.1 million (Fair Work Ombudsman figures at the $364 penalty unit from 1 July 2026).
Does the right to disconnect mean my staff can ignore Friday-evening emails?
It means an employee can refuse to monitor, read or respond to contact outside their work hours unless the refusal is unreasonable — and 'reasonableness' considers the reason for the contact, the level of disruption, whether the employee is compensated for being available, and the employee's role. The FWC can issue stop orders. Penalty for breaching a stop order: a civil penalty expressed as 60 penalty units ($21,840 at the $364 Commonwealth penalty unit from 1 July 2026), with higher maximums for bodies corporate.
How is the new casual definition different from the Rossato test?
Section 15A now uses a 'whole of relationship' test — the FWC and courts look at the practical reality including offer/acceptance, mutuality of obligation, ability to refuse work, regular pattern of work and prospect of further work. It replaced the contract-only test from the *WorkPac v Rossato* High Court decision and reopens the casual-to-permanent conversion pathway.
Is same-job-same-pay automatic?
No — a regulated labour hire arrangement order has to be made by the FWC on application from a host employer's enterprise agreement or modern award covered employee, a union or a regulated employee. Once made, the labour hire provider must pay the regulated employee at least the protected rate of pay for the host's covered employees.
What happened to the casual-to-permanent conversion under the Morrison rules?
The mandatory 12-month offer/request mechanism in the old Part 2-2 Div 4A was replaced from 26 August 2024 with the 'employee choice' pathway in new s 66AAB-66AAG. The employee initiates by giving notice; the employer can refuse on listed grounds; the FWC arbitrates disputes. It's a much lighter compliance lift than the 2021 rules.