Same Job, Same Pay

 
From November 2024, when a worker is hired through a labour hire company to work at an employer with an enterprise Agreement, the SDA can apply to force the employer to pay labour hire workers the same wages as direct workers. 

This is a major win for our warehousing and distribution members, where the scourge of labour hire is rife, undercutting wages and conditions. 

While labour hire work has a genuine purpose to fulfil short-term needs, too many employers are taking advantage of these laws to deny labour hire workers decent wages and permanent work. 

Wage Theft

Wage theft is rife across retail, fast food and warehousing.

According to The McKell Institute, wage theft is costing Australian workers around $1.37B per annum. 

For too long, workers have been the ones paying the price, not the employers. 

But from 2025, employers who intentionally do not pay workers properly and commit wage theft will be subject to higher civil and criminal penalties. 

Under the new legislation, employers and individuals who commit wage theft could face imprisonment and fines of up to $7.8 million.

The new wage theft laws also take aim at superannuation theft, meaning employers who underpay superannuation could also be liable for penalties. 

Millions of workers are not receiving their mandatory superannuation payments, and it’s costing workers billions in lost payments. 

These strong laws on wage and super theft are much-needed and will help put a stop to deliberate attempts to short-change workers. 

Casual Workers 

The new legislation introduces a common-sense definition of casual employment, giving workers more power to convert to permanent employment. 

Under the previous laws, a casual worker is defined as such if their contract says there is no firm commitment to ongoing work. It does not take into account how regularly they work or how long they’ve been employed for. 

Under the new definition, a worker will be considered casual if their work is characterised by ‘an absence of a firm advance commitment to continuing and indefinite work‘. 

Employers will have to consider whether or not they have a regular pattern of work, if permanent workers do the same type of work and there’s availability of further work. 

Casual workers will now have the right to request to convert after 6 months if they no longer meet the definition of a casual worker. 

Your New Rights at Work 

• Increased fines and penalties for wage theft

• A genuine pathway for casual workers to transition to permanent work

• Improved safety standards and work rights for gig workers

• Enhanced rights for transport workers

• The right to disconnect and refuse unreasonable, unpaid work

• Same job, same pay rights for labour hire workers

• Stronger rights for workplace delegates

• Stronger workplace safety laws, including industrial manslaughter and better rights for injured workers

• Protections for family and domestic violence survivors