• Several new employment law changes in Australia have or will soon become enforceable.
• Employers may need to review and revise their policies and procedures governing wage theft, the right to disconnect, shut-down notices, privacy, sexual harassment, and independent contractors.

A number of employment law reforms and requirements are hitting Australian operations over the next several months. Laws governing wage theft, the right to disconnect, shut-down notices, privacy, sexual harassment, and independent contractors have either recently become enforceable or are about to. This Insight outlines these changes and steps Australian employers can take to address them.

Wage theft

Given the whirlwind of changes landing in Australian employment law at the moment, it is easy to lose track of this reform. But this is definitely not one to leave out of an employer’s planning.

Section 327A of the Fair Work Act 2009 (Cth) criminalizes wage theft, effective January 1, 2025. Employers must ensure correct payment of wages and entitlements, including compliance with any applicable statutory modern award,¹ to avoid severe penalties for company directors, which may include imprisonment and heavy fines for serious violations.

Key steps include reviewing entitlements under modern awards and “enterprise agreements” (i.e., collective agreements), compliance mechanisms to ensure correct classification and time recording and, importantly, reviewing and updating employment agreements as...

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