The Protecting Worker Entitlements Bill has passed both Houses of Parliament, with the 2023 set of Fair Work Act amendments officially underway. This Bill will make a number of changes aimed at improving the workplace relations framework, including the expansion of access to unpaid parental leave, including the right to superannuation in the National Employment Standards, and greater protection for migrant workers.

Last year, the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act was passed, with the intention to lift wages, improve job security and close the gender pay gap. On Thursday 22 June 2023, the second tranche of Fair Work Act (FW Act) amendments, contained in the Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023, officially passed both Houses. As the name suggests, this Bill is intended to make changes aimed at protecting worker entitlements, and Tony Burke, the Minister for Industrial Relations, says the government’s aim this year is to close the “loopholes” that some businesses use to undercut worker and workplace relations standards, like those provided for in the Secure Jobs Better Pay Act.[i]

The Protecting Worker Entitlements Bill will make the following changes:[ii]

Protections for migrant workers

The Bill will insert a new provision to deal with the interaction between the FW Act and the Migration Act 1958 (Cth). The effect of the change is that a breach of the Migration Act, or an instrument made under it, will not...

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