19 March, 2024

Fair Work Changes Checkup Series: Is Your Change Management Plan Ready For 2024?

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Experience in operating within the fair work system used to count for a lot, but an overwhelming period of change has occurred – and much of it is complex and has significant business and personal risk.

The ‘closing loopholes’ amendments are the most recent of many changes that have happened over the last 12 months. Leaders relying on their understanding of the Fair Work Act 2009 from before 2023 are very much out of date. This note brings together a catalogue of these changes to help you understand, plan and action them in a simple way. Link below to download your complimentary HR planning map.

We invite you to our Fair work checkup series of face-to-face networking sessions in Adelaide. This is a series of three (3) separate face-to-face sessions where EMA Consulting takes a closer look at specific areas of interest, designed to tell you what you need to know and what to do. These sessions are free to attend.



Catalogue of changes

The Fair Work Act 2009 has been amended seven times since 1 July 2023 to uplift entitlements and strengthen protections and employer obligations in a number of different areas into 2024 and beyond. These include:

  • the right to disconnect after working hours
  • wage theft
  • new definition of a casual worker
  • wage parity for labour hire workers
  • ensuring enshrining site union rep rights in awards, agreements and the General Protections
  • beefed-up protection for family and domestic violence victims
  • complex new provisions on protected action ballots and intractable bargaining
  • significantly increased flexibility in the taking of parental leave
  • extending wage protection for migrant workers
  • tightening rules on permitted deductions from an employee’s pay
  • putting superannuation obligations in the National Employment Standards
  • significant restrictions on using fixed term contracts

These arise from amendments including the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023Fair Work Legislation Amendment (Closing Loopholes) Act 2023, and most recently the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024.  The pace and number of changes can be overwhelming and difficult to manage for busy HR professionals and managers generally.

We have grouped the more significant changes into three separate networking sessions to help with your planning and internal change management processes.

Downloadable HR planning map

Download our template planning map to help you create awareness of these changes with decision-makers, and plan for compliance in 2024 and beyond.

Review the key implications and questions on each topic so that you can identify which ones warrant a deeper dive and priority in your organisation.

Click here to download the planning map. Download expires 31 May 2024.

Session 1: Preventing Wage Theft

Thursday 28 March 2024, 8.30am

A closer look at the new rules impacting wage compliance, with a spotlight on three areas of hidden risk and how to identify them. Morning tea provided for those attending in person.

Read more and register…

Session 2: The New NES

Wednesday 17 April 2024, 8.30am

A closer look at areas of the NES that are significantly changed, including parental leave and the new world of casual employment. We will discuss the key changes to help you plan for what knowledge or processes need to be updated internally. Morning tea provided for those attending in person.

Read more and register…

Session 3: Right to Disconnect and More New Workplace Rights

Wednesday 29 May 2024, 8.30am

A closer look at the new right to disconnect, how it will actually operate and how to prepare.  We will discuss what’s not written in the legislation that has a practical impact on this right and the employer’s obligations. We will also cover more new workplace rights, including changes to union right of entry and delegates rights. Morning tea provided for those attending in person.

Read more and register…


Fair Work Ombudsman snapshot of changes and timeline (closing loopholes only):
Click here

Fair Work Commission summary of changes and infographic of timeline (closing loopholes only):
Click here


Require further information/assistance?

This EMA Note is not intended to be comprehensive advice about your situation and does not cover all your obligations.  If you require further information or advice, please contact your Consultant.


For more information or specific advice, please do not hesitate to contact one of our employee relations consultants.

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