New Ir Laws for Australian Workers

Australia’s industrial relations (IR) landscape has shifted significantly over the past decade—and it continues to evolve. With rising cost-of-living pressures, remote work arrangements, and growing union activity, understanding your workplace rights has never been more important.

The Fair Work system, introduced to replace the controversial WorkChoices laws, has undergone several updates since its launch in 2009. Most recently, the federal government has implemented reforms under the Closing Loopholes Bills (2023–2024), changing rules around casual work, gig economy protections, wage theft penalties, and more.

Whether you’re an employee, employer, or recent graduate entering the workforce, here’s what you need to know about the current IR laws in Australia—and how they could impact your rights and responsibilities.

Key Changes in Australian IR Laws

1. Fair Work Legislation: The Backbone of Worker Rights

The Fair Work Act 2009 remains the central legislation for employment conditions, covering things like pay, working hours, leave entitlements, and dispute resolution.

The Fair Work Commission and Fair Work Ombudsman administer these laws, ensuring compliance and providing guidance for both workers and employers.

2. Stronger Unfair Dismissal Protections

Unfair dismissal rules now apply to most Australian businesses with more than 15 employees. Workers must have completed a minimum employment period—6 months for larger businesses or 12 months for small businesses—before being eligible to make a claim.

Casual workers may also be protected if their work patterns suggest regular and systematic employment. Learn more about eligibility at Fair Work’s unfair dismissal page.

3. Casual Conversion and Job Security

Under changes introduced in 2021 and expanded in 2023–24, employers must offer permanent roles to casuals who have worked regular shifts for 12 months—unless there’s a valid business reason not to. This is aimed at improving job security and preventing misuse of casual contracts.

For many young workers in hospitality, retail, and gig roles, this reform supports access to benefits like annual leave, sick pay and superannuation contributions.

4. Collective Bargaining and Enterprise Agreements

Employees have the right to negotiate collectively with employers for improved pay and conditions. These negotiations must follow “good faith bargaining” rules, overseen by the Fair Work Commission.

In contrast to older Australian Workplace Agreements (AWAs), modern enterprise agreements must meet or exceed the National Employment Standards (NES) and the relevant Modern Award.

5. The Role of Fair Work Australia

Fair Work Australia—now officially known as the Fair Work Commission—handles a broad range of workplace matters:

• Approving enterprise agreements
• Resolving workplace disputes
• Managing unfair dismissal claims
• Overseeing lawful strike action

They also arbitrate in cases where bargaining breaks down or agreements aren’t being met.

6. Right of Entry and Union Access

Union representatives can enter workplaces under strict conditions if they hold a valid permit from the Fair Work Commission. They must provide 24 hours’ notice and the visit must relate to union members or eligible workers.

This ensures workplace transparency while balancing business operations and worker representation.

7. Strikes and Protected Industrial Action

Employees can take protected industrial action—like striking—during enterprise bargaining periods if it’s supported by a majority of workers and authorised by the Fair Work Commission. The process includes secret ballots and clear notice periods.

Outside of this process, unapproved strikes may be considered unlawful.

8. Wage Theft Now a Criminal Offence

From July 2024, under the Closing Loopholes legislation, wage theft becomes a criminal offence for employers who deliberately underpay workers. Penalties may include jail time and significant fines.

This reinforces workers’ rights to be paid fairly and on time—and reflects a nationwide push to close compliance gaps.

What This Means for You

If you’re entering the workforce or managing a team, it’s vital to stay informed about your rights and obligations under Australia’s workplace laws.

• Employees: Know your entitlements, including pay, leave, and dispute resolution options.
• Employers: Stay up to date with regulatory changes to avoid penalties and create fair workplaces.

For current and aspiring HR professionals, a deeper understanding of IR laws can strengthen your skills and career potential. Explore these popular study areas:

• Human Resources courses
• Business Management courses
• Employment Law and Industrial Relations courses

Stay Informed and Empowered

Australia’s workplace laws are designed to protect fairness, promote productivity and adapt to a changing world of work. Whether you’re dealing with dismissal, negotiating pay, or wondering about union access—understanding the Fair Work framework empowers you to make confident, informed decisions.

Need help navigating your career under these new IR rules? Browse our range of career resources or connect with expert-led online courses to upskill with confidence.