What is Protecting Wo rkers Entitlements?

On 22 June 2023, the Australian Government passed the Protecting Worker Entitlements Act 2023. The legislation introduced changes to the Fair Work Act.

These are legislative measures designed to enhance the rights and benefits of employees. The new laws ensure better protection and provision of workers’ entitlements, such as superannuation, leave, and fair treatment.

Superannuation in the National Employment Standards

This aligns with existing superannuation legislation, ensuring most employees have an enforceable right to superannuation.

Unpaid Parental Leave

All employees in Australia are eligible for unpaid parental leave if they have completed at least 12 months of continuous service with their employer.

Workplace Determinations and Enterprise Agreements

This provides certainty by ensuring an enterprise agreement ceases to apply once the Fair Work Commission makes a replacement workplace determination for the same employment.

Protection for Migrant Workers

This amendment confirms a breach of the Migration Act does not affect the validity of an employment contract under the Fair Work Act.

Employee Authorised Deductions

The amendments provide greater clarity, and flexibility for employee authorised deductions, ensuring better compliance and protection for workers.

Coal Mining Industry Long Service Leave

Casual employees are now ensured equal treatment with permanent employees.