Are you compliant with recent Fair Work Changes

Changes to the Fair Work Act
Recent amendments have strengthened worker protections, particularly around:
- Criminalisation of intentional wage underpayments effective 1 January 2025 where deliberate underpayments are now classified as a criminal offense which can incur substantial financial penalties.
- Definition of employment with a new ‘ordinary meaning’ definition of employee and employer has been introduced, primarily to clarify the distinction between employees and independent contractors to avoid sham contracting.
Updated Fair Work Information Statements
At the end of 2024, the Fair Work Ombudsman regularly updates their Fair Work Information Statements (FWIS). All employers are required to provide the relevant FWIS to their new employees at the start of their employment.
For casual employees, businesses (over 15 staff) must provide the Casual Employment Information Statement (CEIS) every 12 months if they meet the following criteria:
- They have been employed for at least 12 months
- They have worked a regular and consistent pattern of hours for at least 6 of those 12 months
- They could continue working those hours as a permanent employee (either full-time or part-time) without significant changes
- They have not previously been offered and declined a casual conversion
New Rules for Casual Employment
Recent reforms aim to provide greater job security for casual workers. Key changes include:
- Casual conversion rights – Eligible employees can request to transition to permanent employment after 12 months.
- Definition of casual employment – Now based on employment relationship and work patterns, not just contract terms.
- Employers should review casual contracts and rostering practices to ensure compliance.
Superannuation Updates: More Frequent Payments Ahead
From 1 July 2026, employers will be required to pay superannuation on payday rather than quarterly. While this may seem distant, businesses should:
- Assess cash flow impact and plan ahead.
- Ensure payroll systems can handle more frequent super payments.
- Consider outsourcing payroll to simplify compliance.
Actionable Next Steps: Stay Compliant & Minimise Risk
To stay compliant and minimise risk:
- Download updated copies of the Fair Work Information Statements
- Review employment contracts – Ensure they reflect award changes, casual employment rules, and any relevant legislative updates.
- Check payroll and superannuation systems – Confirm wage increases and prepare for more frequent super payments.
- Update workplace policies and processes – Ensure compliance with Fair Work’s latest protections for employees.
- Train managers and payroll staff – Keep them informed about changes to employment laws and their obligations.
By taking proactive steps now, businesses can avoid penalties, maintain compliance, and support their workforce effectively.
How can Businessary help you?
Find out more about any of the above or reach out to Lana Rajsic for a no obligation discussion by booking a time here.