Unions say recent workplace law changes are already improving pay and job security for many workers, but warn some big companies are finding new ways around the rules
Australian unions say the Albanese government’s Closing Loopholes industrial relations reforms have already delivered “life‑changing” pay rises and more secure jobs for tens of thousands of workers but warn big mining companies are using new tactics to undercut the laws.
In a submission to the two-year review of the reforms, Australian Unions argue the early results show the 2024 changes to the Fair Work Act are working as intended for labour hire workers, casuals and gig workers, while also bolstering workplace delegates’ rights and enshrining the right to disconnect.
Unions say the “Same Job, Same Pay” provisions in the Closing Loopholes package have already translated into significant wage increases for labour hire workers across key sectors, including flight attendants, meat workers, miners and warehouse workers.
They also point to progress for gig workers and transport drivers, who are “on the path” to winning world‑first minimum pay, conditions and safety standards.
A new, clearer definition of casual employment has helped more workers convert to secure permanent jobs, according to the submission, contributing to a fall in casual employment from 23% in 2016 to 19% today.
ACTU secretary Sally McManus said the results show the reforms are doing exactly what they were designed to do.
“The Closing Loopholes reforms are a clear success. Labour hire workers have been winning life changing pay rises, casual work is at 30-year lows and gig workers are on the cusp of winning world first standards on pay and conditions,” she said.
Mining sector accused of exploiting trainee exemptions
Despite the gains, unions accuse major mining companies of trying to “flout” the new laws by exploiting exemptions in the Same Job, Same Pay regime.
Mining firms are increasingly hiring more trainees for longer periods because trainees are excluded from the Same Job, Same Pay orders that apply to other workers, unions say.
Australian Unions want trainees and apprentices brought under the same protections to prevent companies from using training arrangements as a way to drive down wages.
They are also calling for backpay to apply from the date a Same Job, Same Pay application is lodged, arguing that lengthy delays – averaging seven to eight months, according to the Mining and Energy Union – allow big employers to drag out proceedings and avoid paying workers what they are owed in the meantime.
McManus singled out BHP, which led industry warnings that the reforms would cost jobs and investment.
“The only failure is the prediction of the big mining companies – led by BHP – that these laws would cost investment and jobs,” she said.
“No such thing happened. Instead BHP has just posted the largest half yearly profit of any Australian company as it continues to fight same job same pay claims every step of the way.
“The mining industry is also continuing its practices of trying to find and exploit every loophole possible to avoid paying labour hire workers what they’re entitled to.”
Push to extend protections to low-paid creatives
Beyond mining, unions are urging the government to broaden the new gig worker protections to cover other low‑paid contractors in sectors such as journalism, screenwriting, translating and interpreting, and other creative industries, regardless of whether they are engaged through digital platforms.
Workers in these professions are often paid below the minimum wage due to weak bargaining power and little control over their working arrangements, the submission argues.
McManus said unions would continue to use the review process to press for changes to shut down emerging avoidance strategies.
“Unions are highlighting these corporate tactics in the review of the Closing Loopholes reforms, and calling for further action to close them down,” she said.
