Closing Loopholes No.2 Act Has Commenced

Fair Work Commission

The Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023 received Royal Assent yesterday.

From today, the Closing Loopholes No. 2 Act makes changes to:

  • enterprise bargaining provisions relating to multi-enterprise agreements and franchisees
  • intractable bargaining provisions
  • provisions relating to registered organisations and withdrawal from amalgamation.

A range of other measures impacting the Fair Work Commission will commence in the coming months.

This includes provisions relating to the road transport industry, ’employee-like’ workers performing digital platform work in the gig economy, and the ‘right to disconnect’, which will commence in 6 months on 26 August (or another date by proclamation).

President Hatcher has published a Statement setting out how we intend to implement the measures impacting the work of the Commission. He writes:

“The Closing Loopholes No. 2 Act reforms are significant, and the successful implementation of these reforms will require extensive consultation with diverse stakeholders, subject matter experts and interested persons. It will be our priority to establish case management processes that are easy for users to understand and navigate, are clearly communicated, minimise the regulatory burden and are fit for purpose.

As highlighted in my previous Statements, the Commission remains steadfast in its commitment to implementing the changes in an open and transparent way and with the needs of our users at the heart of the design of our services.”

A full list of the measures impacting the Commission along with their commencement dates is on The Closing Loopholes Acts – what’s changing page on our website.


We will publish more information on the changes over the coming months. Keep up to date by subscribing to Announcements or following us on LinkedIn.

/Public Release. View in full here.