Latest Fair Work Changes You Need to Know About (Dec 2023 – Mar 2024)

If you are running a business in Australia, this one’s for you. Between December 2023 and March 2024, Fair Work dropped a series of legal updates that could seriously impact how you manage your workforce.

Spoiler alert: ignorance won’t protect you from penalties. But staying informed will.

Here’s what has changed - and what you need to do about it.

1. Casual employment redefined (Effective 26 August 2024)

The “casual” label can no longer be thrown around loosely. The updated definition is crystal clear:

A casual employee is someone with no firm advance commitment to continuing and regular work. They receive casual loading or a clearly identifiable casual rate.

What this means for youIf your casuals have been working consistent patterns for a while, or if your contracts are vague, you could be out of compliance. Now’s the time to review every casual engagement.

2. Right to Disconnect Introduced

Australia’s Fair Work laws now formally give employees the right to disconnect from work outside of hours. There can be no expectation to answer calls, emails, or messages after hours. Exceptions apply in emergencies or where contact is legally required.

What this means for youYou’ll need to update policies and educate managers—because after-hours hustle culture could land you in hot water. This change starts with medium to large employers now, and will extend to small businesses from August 2025.

3. Penalties for non-compliance just got serious

Let’s talk numbers.

The maximum fine for standard breaches (e.g., underpayment, failing to provide entitlements) has jumped to:

• $469,500 per breach for larger businesses

• Up to $4.7 million for serious or repeated breaches

What this means for youThat outdated contract template from five years ago? Not worth the risk. Do a compliance audit, clean up your practices, and don’t rely on “we didn’t know” as a defence.

4. Stronger protections against sexual harassment

Sexual harassment is now explicitly prohibited under the Fair Work Act—and that includes protection for:

• Workers and future workers

• Contractors, volunteers, and anyone connected to the workplace

• Employers and business owners

The Fair Work Commission has also been given expanded powers to resolve disputes quickly.

What this means for youYou are now legally expected to take all reasonable steps to prevent sexual harassment policies, training, reporting mechanisms, and a proactive culture are a must.

What you should do (like, now)

1. Review your casual employment contracts and arrangements.

2. Update your policies to reflect the Right to Disconnect and sexual harassment reforms.

3. Educate your team, especially your managers

4. Audit your compliance with the National Employment Standards (NES)

5. Partner with HRxP if you want expert support without the overhead of hiring internally

   
   

HRxP Consulting helps smart businesses get ahead of compliance changes, not scramble after them.

Need updated policies? Training? A check-up on where your risk sits?

Let’s fix it before it costs you.