Employment Relations Amendment Bill: select committee reports back
The Select Committee has reported back on the Employment Relations Amendment Bill, recommending refinements while keeping the core objectives of the Bill intact.
Key refinements:
– Gateway Test for Contractors: Clarifications have been incorporated into the Bill to ensure that platform-based arrangements or businesses that do not explicitly categorise workers as ‘independent contractors’ can still use and benefit from the gate-way test as long as they specify that the worker is not an employee. The Select Committee also recommended that contracting someone to work “full-time” hours should not in itself be considered a restriction on working for others. Under the refinements, businesses would also be able to vet subcontractors for relevant qualifications or require criminal record checks if this is justified by the nature of the work.
– Income Threshold for Personal Grievances: The threshold above which an employee cannot bring an unjustified dismissal claim will increase from the originally proposed $180,000 to $200,000 per year. The definition of “income” will also broaden to include additional forms of remuneration such as bonuses and share-based payments.
No further changes or refinements were proposed by the Select Committee in relation to removal of “30-day rule” which will end the requirement for new employees to start on collective agreement terms and/or the changes to personal grievance accountability when assessing remedies. These are expected to remain as is.
The Bill is expected to pass in early 2026. Stay tuned this week for further insights on these changes and the potential impact on your business.
Need help preparing for these changes? Contact our employment law team for tailored advice.
Disclaimer: The content of this article is general in nature and not intended as a substitute for specific professional advice on any matter and should not be relied upon for that purpose.
