The Closing Loopholes No. 2 Act provided us with new powers to deal with disputes about:
- unfair deactivation and unfair termination of regulated workers, and
- changing from casual to full-time or part-time employment under the new employee choice pathway.
It also required us to make new model terms for enterprise agreements and copied State instruments.
We have published new information about these functions on our website. New forms are also now available.
Unfair deactivation and unfair termination disputes
We can receive applications from:
- employee-like workers who believe they have been unfairly deactivated from a digital labour platform, and
- regulated road transport contractors who believe their services contract in the road transport industry has been unfairly terminated.
We have published further information and new application forms on our website: Unfair deactivation or termination for regulated workers.
Casual to full-time or part-time employment
A new pathway from casual to full-time or part-time employment is now available for eligible employees in the Fair Work system, unless they are employed by small business employers. This new pathway is called 'employee choice'.
Until 26 August 2025, the casual conversion pathway will still apply to eligible casual employees who are employed by a small business employer.
An employee or employee may be able to apply to us to deal with a dispute under these pathways, if they haven't been able to resolve it at the workplace.
We have published further information and a new application form on our website: Casual to full-time or part-time employment.
New model terms for enterprise agreements in operation
Under the Closing Loopholes No. 2 Act, we had to make new model terms for enterprise agreements and copied State instruments.
This included a:
- flexibility term for enterprise agreements
- consultation term for enterprise agreements
- term about dealing with disputes for enterprise agreements
- term for settling disputes about matters arising under a copied State instrument for a transferring employee.
On 20 February 2025, the Full Bench made the new model terms. The new model terms operate from 26 February 2025.
Read our Terms and dates to put in an agreement page to find out:
- how to include a flexibility term, a consultation term and a term about dealing with disputes in your enterprise agreements, and
- how the new model terms for enterprise agreements work.
