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New criminal underpayment laws have started

Magnifying glass with text reading Criminal underpayment laws

Published 2 January 2025

New criminal underpayment laws started on 1 January 2025. Here’s a reminder about what’s changed and how to protect your business.

What’s changed

From 1 January 2025, intentional underpayment of wages or entitlements can be a criminal offence. If a person is convicted of a criminal offence, a court can impose fines, prison time, or both.

We can’t refer a small business employer’s conduct for possible criminal prosecution if we’re satisfied that they’ve complied with the Voluntary Small Business Wage Compliance Code (Code) in relation to an underpayment.

What you can do now

You can:

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Closing Loopholes: Changes to workplace laws have started

Banner illustration with text reading Closing Loopholes' Published 26 August 2024

Several changes to workplace laws started on 26 August 2024 as part of the Closing Loopholes reforms.

It’s important that you understand your new rights and responsibilities.

What you should do now

We’ve updated our information. Check now if you or your workplace is affected.

  • Casual employment changes - Rules about casual employment have changed, including how casual work is defined, pathways to permanent employment, and employee and employer responsibilities. Read more about casual employees and pathways to permanent employment.
  • Right to disconnect - Employees have the right to refuse contact outside their working hours unless that refusal is unreasonable. Learn about the new right to disconnect. This doesn’t apply to small business and their employees until 26 August 2025.
  • Independent contractor changes - If you’re a contractor or work with contractors, it’s important you understand the new definition of employment and other changes to independent contractor rules.
  • Minimum standards and protections for some contractors - If you’re in the gig economy or road transport industry, find out about new minimum standards and protections for some contractors. Visit Regulated workers.

Find out more about changes already in place at Closing Loopholes.

For a visual snapshot of all the Closing Loopholes changes and when they start, check out our easy-to-read timeline.

Updated information statements

We’ve updated our information statements in line with the new laws.

Employers must give every new employee one or more information statement when they start work. The Casual Employment Information Statement must now be provided at set times throughout a casual’s employment.

Download the updated statements here:

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Minimum wages increase from 1 July 2024

abstract image of progress

1 July 2024

From 1 July 2024:

  • the National Minimum Wage increases to $915.90 per week or $24.10 per hour.
  • award minimum wages increase by 3.75%.

Other award wages, including junior, apprentice and supported wages that are based on adult minimum wages, will get a proportionate increase.

The increase applies from the first full pay period on or after 1 July 2024.

You can now:

Learn more about the minimum wage increase at 2023 – 2024 Annual Wage Review.

Closing Loopholes: Fair Work Act changes

Banner illustration with text reading Closing Loopholes

15 December 2023

There have been changes to the Fair Work Act as part of the new ‘Closing Loopholes’ laws.

The changes take effect at various times across the next year and into 2025.

The major workplace changes relate to:

  • rules for labour hire workers
  • criminalising intentional wage underpayments
  • new discrimination protections
  • small business redundancy exemptions
  • workplace delegates’ rights
  • right of entry
  • compulsory conciliation conferences in protected action ballot matters.

For more information, see Closing Loopholes: Fair Work Act changes.