Workplace Relations

Game-changing laws of 2024: what you might have missed

Published 29 November 2024

There have been a lot of changes to legislation this year. Here's a quick summary.

28 March 2024: WHOSLA (Work Health & Safety & Other Legislation) - Insurance contracts and arrangements

  • There is a ban on using insurance arrangements to avoid paying work health and safety penalties
  • Work Health and Safety Act 2011 prohibit a person entering into, providing or benefiting from an insurance contract or arrangement that purports to cover monetary penalties under the Acts.
  • Private practice owners are encouraged to proactively review and revise your insurance arrangement. 

29 April 2024: Anti-Discrimination Legislation

  • Strengthening the vilification laws
  • Closing the gaps in protections from discrimination for trans, gender diverse and intersex people.

20 May 2024: WHOSLA - Worker representation and consultation

  • A health and safety representative (HSR) can be represented or assisted by a relevant registered union or another entity authorised that is not an excluded entity.

20 May 2024: WHOSLA - Entry Permit Holders

  • An entry permit holder (EPH) can enter a workplace to give notice of entry. A notice is no longer invalid because of a minor administrative error such as spelling mistake.
  • An EPH who has given notice of entry for a suspected contravention is not required to give additional notice if they have not left the premises to review workplace documents or consult workers.
  • An EPH can enter a workplace to inquire into suspected contraventions of the WHS Act or Electrical Safety Act 2002 (Qld) and remain during working hours to achieve the purpose of entry.
  • It is not reasonable for a person conducting a business or undertaking (PCBU) to request the EPH to comply with WHS requirements if it would unduly hinder or delay the EPH exercising a right of entry.
  • Information obtained by an EPH when inquiring into a suspected contravention may be used to disclose if a person reasonably believes it is necessary to lessen or prevent a serious threat to public health or safety.

20 May 2024: WHOSLA - Health & Safety Representatives

  • The powers and functions of health and safety representatives (HSRs) are amended to enable an HSR to request assistance from a suitable entity for the HSR.

1 July 2024: Fair Work – Modern Award Annual Wage Review/NES Minimum Wage Increase

  • Minimum wages rate increases 3.75 per cent
  • Update to the Fair Work Information Statement
  • Update to the Casual Information Statement

1 July 2024: Superannuation 

  • Superannuation Guarantee increased from 11 per cent to 11.5 per cent

1 July 2024 – Australian Govt – Parental Leave Pay

  • Parental Leave Pay increased from 100 days (20 weeks) to 110 days (22 weeks)

29 July 2024: WHOSLA - Health and Safety Representatives

  • A PCBU (Person conducting a business or undertaking) must consult with representatives of the workers if requested by one or more workers. The consultation must be conducted at a time and place at the place of work agreed to by both parties.
  • A PCBU must share relevant information with workers when carrying out consultation, but this does not include providing representatives with access to identifying personal or medical information about workers (unless given consent to do so by the worker) or provide confidential commercial information.
  • There are changes to the election of HSRs and establishing working groups and health and safety committees. 
  • In the event a HSR has been appointed amendment to clarify the right of HSRs in relation to training provider, remuneration and timing of training
  • Amendments to clarify the powers of HSRs 
  • Amendments to provisional improvement notices (PINs):
    • Compliance with a PIN is reduced to 4 days
    • Timeframe from requesting review of PIN is reduced to 3 days
    • HSRs may change the day by which a contravention is to be complied with in agreement with the PCBU or the person to whom the notice was issued.

29 July 2024: WHOSLA - Issue & Dispute Resolution Process

  • Pathways for issue and dispute resolution have been split into two pathways:
  1. For matters where an inspector is required to make a decision before the matter can be referred to the Queensland Industrial Relations Commission (QIRC). These are for matters relating to work group determinations and variations and the constitution of health and safety committees.
  2. Parties can request an inspector to be appointed to assist with resolution of the issue and then refer the mater to the QIRC or can go directly to the QIRC for matters such as:
  • HSR access to information or copies of notices
  • Access to a workplace by a person assisting an HSR
  • HSR training
  • HSR issuing a cease work direction

9 August 2024: Criminal Code Amendment (Deepfake Sexual Material) Bill 2024

  • Criminal offence to create or distribute deepfake material in the event of image-based abuse.

26 August 2024: Fair Work – Closing Loopholes

  • Changes to definitions and protection for independent contractors
  • Change to the definition of employment
  • Casual employment changes 
  • Change to the Fair Work Information Statement
  • Change to Fixed Term Information Statement
  • Right to disconnect provisions

26 August 2024: Fair Work Commission – Closing Loopholes 

  • Jurisdiction to resolve between independent contractors and principals on unfair contract terms

September 2024: WHS Regulation - Sexual Harassment (Qld)

  • Queensland introduced new requirements for stronger regulation of sexual harassment and sex or gender-based harassment at work.

28 September 2024: WHOSLA - Further Insurance Contracts & Arrangements 
All persons must not:

  • Enter into an arrangement that purports to cover penalties
  • Provide an arrangement that purports to cover penalties
  • A person is unable to take the benefit of an arrangement that covers penalties

Source: WH&S Act Review Comms Kit