The independent review into Australia’s Closing Loopholes reforms has landed, and it brings little comfort for employers. In this episode of Industrious Conversations, we pinpoint some of the major findings that business leaders should be across.

Ashurst Perkins Coie partners Shelley Williams and Peter McNulty discuss what the review had to say about:

• wage compliance and the criminalisation of wage theft;
• the employee definition changes; and
• the intractable bargaining regime’s “no less favourable” constraint.

They also preview the Labor Party’s 2026 draft national platform, including its focus on full employment, portability of entitlements and psychosocial hazards.

Overall, Peter reflects: “The Loopholes review really recognises that there are significant burdens and complexities [for employers] arising from this new legislation but, for the large part, [the review] recognises that … these changes were designed to impose greater burdens on employers.” Searching for upsides, Peter adds that “the commentary on the ‘no less favourable’ test is probably where there is one glimmer of hope for employers coming out of the review.”

Hear the full story by searching “Legal Outlook by Ashurst Perkins Coie” on Apple Podcasts, Spotify or your favourite podcast player. Find out more about the full range of Ashurst podcasts at ashurstperkinscoie.com/podcasts

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.