New workplace laws put more pressure on business

By Emma Clarke

New IR laws coming into effect from today further restrict the way Queensland employers can manage their workforces, imposing another layer of complexity in an already challenging business and employment environment.

Business Chamber Queensland CEO Heidi Coper says business still have not been given the necessary certainty they need to navigate new right to disconnect laws, a new definition for casual employees, new definitions for casual vs independent contractor, and new standards for the gig economy and the road transport industry.

“These new laws were rushed through with little genuine consultation with businesses and industry and little acknowledgement of how they will impact employers, who for the most part are just trying to do the right thing for their workforce,” Ms Cooper said.

“Already we are seeing a stretched and stressed business community in Queensland, with record high input and labour costs, a restrictive regulatory environment and equally restrictive labour market compounding with macro-economic challenges. It means businesses have weak forward confidence, and are not seeing the productivity returns on their hard work.

“Our data shows between 50 and 70% businesses expected some elements of these new laws would have damaging or extremely damaging impacts to their business.

“These new laws, brought about through the Closing Loopholes Bill, are the biggest change to workplace laws in decades and disproportionately impact businesses who are already doing it tough.”

Ms Cooper said the right to disconnect laws were especially concerning and unclear for both employers and employees.

The ‘right to disconnect’ will give employees the right to refuse to monitor, read or respond to contact or attempted contact from an employer or a third party outside work hours, unless that refusal is unreasonable. Small businesses with less than 15 employees will be exempt from the new requirements until 26 August 2025.

“The legislation does not provide enough detail for businesses to know what is considered unreasonable, instead its left to the Fair Work Commission to determine what is and isn’t reasonable,” Ms Cooper said.

“That’s not a viable solution for business who need to manage their workforce on a day-to-day basis. Instead, many businesses have told us these new laws have made them worried about how they will be able to manage their workforce.

“The businesses we speak with every day value and respect their employees have strong relationships with them– and these laws put those relationships at risk.”

Ms Cooper said workplace law changes from today didn’t consider the unintended consequences for businesses and workforces.

“These laws don’t acknowledge the flexibility employees demand and employers offer, they don’t give businesses and workforces the right to work under their own terms and they don’t offer anyone the certainty and confidence they need to grow now and in the future.”