The independent statutory review into the operation of the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 and the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (Closing Loopholes Review).
On this page:
Overview
The Fair Work Legislation Amendment (Closing Loopholes) Act 2023 and the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 require the Minister for Employment and Workplace Relations to cause a review to be conducted of the operation of the amendments made by the Acts. The Australian Government has decided the statutory reviews of the Closing Loopholes Acts will be conducted together as a joint review.
The Closing Loopholes Review will also cover the operation of the Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022 (Family and Domestic Violence Leave Act) as committed to in the Australian Government response to the 2024 independent review of that Act.
The review commences on 15 December 2025, with a final report to be delivered to the Minister on or before 15 June 2026.
Ms Susan Booth has been appointed by the Minister for Employment and Workplace Relations to conduct the Closing Loopholes Review.
Terms of reference
The Closing Loopholes Review is required to:
- consider whether the operation of the amendments is appropriate and effective
- identify any unintended consequences of the amendments
- consider whether further amendments to the Fair Work Act 2009, or any other legislation, are necessary to improve the operation of the amendments or rectify any unintended consequences that are identified.
The review must also further consider the effectiveness of the amendments made by the Family and Domestic Violence Leave Act, taking into account the 2024 independent statutory review of this Act which found that while the entitlement is operating as intended, more time was needed for employers and employees to experience the existing entitlement before further calls for reform were progressed.
On 5 December 2025, the Hon Amanda Rishworth MP, Minister for Employment and Workplace Relations, published the Terms of Reference.
More information is also available about the Closing Loopholes Acts and the Family and Domestic Violence Leave Act.
Stakeholder participation
Stakeholders will have the opportunity to participate in consultations throughout the Closing Loopholes Review. Information on how to make a submission will be available shortly.
Leading the review
Ms Susan Booth has been appointed to conduct the Closing Loopholes Review.
Ms Booth was appointed to the Fair Work Commission in 2011, and served as a Commissioner until her retirement in 2022. Her experience on the Fair Work Commission gives her a deep understanding of the practical impacts of the workplace relations system on workers and employers.
Prior to her appointment to the Fair Work Commission, Ms Booth was a Senior Member of the Queensland Civil and Administrative Tribunal from 2009 to 2011. She served as Queensland’s Anti-Discrimination Commissioner between 2002 and 2009.
She has also worked as a solicitor in private practice specialising in employment and industrial law, and as a teacher. She holds formal qualifications in both law and education.
Ms Booth’s career demonstrates her expertise in workplace relations, and her commitment to fairness and equity.