On 22 June 2023, the Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 (Cth) (Act) passed through Parliament and received Royal Assent on Friday 30 June 2023.

Ai Group was actively engaged in consultations with the Department of Employment and Workplace Relations regarding the development of the Act.

The Act will result in legislative amendments, including to the Fair Work Act 2009 (Cth) (FW Act), regarding the matters below:

  • Unpaid parental leave (UPL).
  • Introducing a right to superannuation within the National Employment Standards (NES).
  • Changes to payroll deductions for authorised purposes.
  • Providing casual workers in the black coal mining industry with access to long service leave (LSL)
  • Clarification that FW Act applies to migrant workers.
  • Clarification that when a workplace determination takes effect, the applicable enterprise agreement no longer operates.

This Guide is intended to assist members in understanding the changes that will be made to the FW Act.

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