Merry Christmas from the team at Capture Culture

As the year draws to a close, we want to take a moment to express our heartfelt gratitude for your trust and support throughout 2024.

It has been a year of significant change, both within our industry and the wider business landscape, with new employment law changes and evolving risks shaping the way we all approach our work.

As we reflect on 2024, below we have included we have included a highlight of these key employment law changes.

Together, we’ve navigated these shifts, and we couldn’t be more thankful for your partnership as we all supported and adapted to these changes.

As we close for the Christmas holidays and take some time to recharge, we want to wish you and your team a wonderful holiday season filled with joy, relaxation, and time with loved ones.

Thank you once again for being an integral part of our 2024 journey. We look forward to working together in the new year and continuing to build on the success we’ve shared.

Warmest wishes from the The CC Team

Highlights of the Key Employment law changes – recapped:

We wanted to bring to your attention several significant changes to employment law that have come into effect between 1st July 2024 and 1st January 2025.

These changes will have a substantial impact on how businesses continue to manage their workforce, and we encourage you to review your operations to ensure compliance

Changes introduced from 1st July 2024

1. Delegates Rights Clause

What’s New: Workplace delegates will now have additional rights under Section 350C of the Fair Work Act, which has been in effect since December 2023. These rights include:

• Reasonable communication with union members and potential members about workplace interests
• Access to the workplace and workplace facilities

• In some cases, the right to paid time for training

Action Required: All Modern Awards will include a workplace delegate clause, and from 1 July 2024, this must be incorporated into enterprise agreements voted on after this date. Employers must ensure they’re compliant with these changes, particularly regarding delegate rights and protections.

2. Superannuation and Wage Increases

What’s New:

• Superannuation Guarantee increases from 11.0%to 11.5%.
• Minimum Award Wages and the National Minimum Wage will increase by 3.75%.

Action Required: Employers need to update payroll systems to reflect the changes in superannuation contributions and wage rates. These increases will also affect overall compensation packages.

3. Protection for Labour Hire Employees

What’s New: Contractors may apply to the Fair Work Commission to receive a “protected rate of pay” equivalent to an employee’s full rate, including incentive-based payments, bonuses, overtime, and penalty rates.

Action Required: Employers who use contractors should review their current agreements and practices to ensure compliance, especially if the Fair Work Commission has made an order applying protected rates.

Changes introduced from 26th August 2024

1. Right to Disconnect

What’s New: Employees cannot be punished for refusing to engage with their employer outside working hours. This includes refusing to read, monitor, or respond to employer contact, except in cases where it is reasonable (e.g., emergency situations or work condition changes).

Action Required: Employers should ensure that their policies and practices are updated to reflect these new rights. Clear communication regarding what constitutes “reasonable contact” will be key.

2. New Definition of “Employee”

What’s New: The definition of “employee” has been expanded. Employers must now assess the true nature of the relationship with workers, focusing on the practical realities of the working arrangement rather than just contract terms.

Action Required: Businesses should carefully evaluate whether contractors are actually employees under the new definition to avoid misclassification and ensure compliance with employee entitlements.

3. Changes to Casual Employee Definition

What’s New: Casual employees are defined as those without a firm advance commitment to continuing work. The changes clarify that a casual employee must be entitled to casual loading or a specific rate of pay for casual work.

Action Required: Employers need to review casual employee arrangements and determine if any workers now qualify for permanent status under the new definition.

4. Casual Conversion Changes

What’s New: Employees who meet specific criteria (e.g., at least six months of service) can request to convert to permanent employment if they no longer meet the casual employee definition. Employers must respond within 21 days and justify any refusal.

Action Required: Employers should review all casual employee arrangements and ensure they have a process in place for handling casual conversion requests.

5. Casual Employment Information Statement

What’s New: Employers are required to provide a Casual Employment Information Statement to all new casual employees.

Action Required: Employers must update onboarding procedures to ensure this statement is provided to new casual hires.

6. Enterprise Agreement Changes

What’s New: The Statement of Principles of Genuine Agreement must now be followed when making enterprise agreements. This includes updated requirements for bargaining and voting processes.

Action Required: Employers should ensure compliance with the new principles when negotiating or updating enterprise agreements.

Changes introduced from 1st January 2025

1. Criminalising Intentional Underpayments

What’s New: Employers who intentionally underpay employees will commit an offence under the Fair Work Act. Exceptions are available for cases of unintentional or mistaken underpayment.

Action Required: Employers must take immediate steps to review payroll systems, ensure accurate record-keeping, and address any underpayment issues. This change highlights the importance of accurate wage assessments and timely payments to avoid legal risk.

Next Steps for Employers:

These changes are wide-reaching, impacting various aspects of employment law from superannuation to casual employment and workplace rights.

To ensure compliance, we strongly recommend reviewing employment contracts, workplace policies, and HR systems.

Our team is here to help with any queries or support you may need to navigate these changes.

Please don’t hesitate to reach out to us for more detailed advice or assistance with ensuring that your business is fully compliant with the upcoming legislation.