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Closing Loopholes: Additional Fair Work Act changes

The new definitions of employee, employer and independent contractor changes starting on 26 August 2024 won't apply to those who are in the national system due to a state's referral of powers to the Commonweath.

Learn more at Independent contractor changes.

Some employees in Australia are not covered by the Fair Work system. They're known as non-national system employees.

The Fair Work Act 2009 extends the following entitlements to non-national system employees:

  • protection from unlawful termination
  • unpaid parental leave and related entitlements under the National Employment Standards (NES)
  • notice of dismissal or payment in lieu of notice under the NES
  • prohibition on sexual harassment.
  • paid family and domestic violence leave under the NES (from 9 June 2024). 

For more information on who's covered by the Fair Work system see The Fair Work system page.

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