The Protecting Worker Entitlements Act 2023

Recently the Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 was passed which altered five key areas of employment law, two of which were effective 1 July 2023 – unpaid parental leave entitlements and further clarity around migrant worker entitlements.

1. Unpaid parental leave entitlements – three key changes which include:

   • the ability for both parents to take up to 24 months of unpaid parental leave, regardless of how much leave the other parent has taken; 

   • an increase in flexible parental leave days from 30 to 100 days; and

   • the removal of the 8 week limit on employees taking concurrent parental leave.

2. Clarity around migrant worker entitlements, noting that they are still entitled to protections under the Fair Work Act 2009, even if they have breached their visa conditions or lost rights to work in this country.

The three other changes will be effective later this year include:

• changes to rules around ongoing and variable deductions from an employee's pay;

• introducing superannuation entitlements into the NES;

• and changes to long service leave in the coal mining industry.

We will bring you further information as it becomes available.