The new state employment laws, introduced by the Industrial Relations Legislation Amendment Bill 2024, have not yet commenced. Many of the changes will commence on 31 January 2025. Some changes have a later commencement date, which has not yet been set.
Key upcoming changes include:
- Introducing a new prohibition on sexual harassment in connection with work, consistent with the national Fair Work Act 2009 provisions.
- Establishing a fit and proper person test for a union official to obtain a right of entry permit under the Industrial Relations Act 1979.
- Increasing the statutory minimum casual loading in the Minimum Conditions of Employment Act 1993 from 20 to 25 per cent.
- Amending the public holiday minimum condition to:
- provide employees with an entitlement to be absent from work on a public holiday and for an employee to be paid for their ordinary hours on that day;
- allow an employer to request an employee to work on a public holiday if reasonable; and
- allow an employee to refuse a request to work on a public holiday, if the request is not reasonable, or the refusal is reasonable.
- Introducing a new enforceable minimum condition enabling employees with at least 12 months’ service to request a flexible working arrangement in certain circumstances, such as where the employee is returning from parental leave, has a disability or is experiencing family and domestic violence.
Visit Upcoming changes to state employment laws for more information.
