This bill became law on Jun 30th, 2023.
Work & employment
Migrant workers in Australia keep Fair WorkThe main federal workplace law this bill changes, covering pay, leave, deductions and other minimum job rights. pay and workplace rights even if their visa status or another Migration Act breach would otherwise cast doubt on their work contract.
Uncertainty over migrant workers’ contract status, barriers in unpaid parental leaveTime off from work without pay for new parents, which this bill makes more flexible to take across a longer period., and gaps in super and casual coal long service leaveExtra leave that workers earn after many years of service, here adjusted for coal industry casual workers with irregular rosters. left workers with weaker or less clear entitlements. The bill clarifies those rights, aligns parental leave with recent paid leave changes, adds super to minimum standards, and fixes related payroll and coal leave rules.
After the Fair WorkThe main federal workplace law this bill changes, covering pay, leave, deductions and other minimum job rights. Legislation Amendment (Secure Jobs, Better Pay) Act 2022 lifted wages and job security standards, the government said gaps still left some workers with weaker or less certain entitlements, especially migrant workers whose visa breaches could cloud contract rights, parents trying to use unpaid leave flexibly, and workers chasing unpaid super or fair coal long service leaveExtra leave that workers earn after many years of service, here adjusted for coal industry casual workers with irregular rosters.. The 2023 bill responded by closing those gaps, then passed Parliament and received Royal AssentThe formal step that turns a passed bill into an Act of Parliament. in June 2023 so those protections could be added to federal workplace law.
The main criticism was that the bill's payroll deduction changes could let union fees rise and keep being taken from wages without fresh worker consent, while other parts were said to add unclear rules and costs for employers. That objection was pushed hardest by Coalition speakers and James Stevens, with Kylea Tink also saying the bill needed changes because it leaned too far against small and medium businesses rather than facing broad cross-parliament opposition to its overall aims.
Hon Tony Burke MP introduced this bill. It passed on the voices.
Did it become law?
Yes
Became law 30 June 2023
Final passage
Passed without a counted vote
7 recorded amendment or procedural votes were found, but no counted vote on the bill itself was recorded.
Passage speed
93 days
From introduction to the latest recorded parliamentary step
Meaning
Migrant workers in Australia keep Fair WorkThe main federal workplace law this bill changes, covering pay, leave, deductions and other minimum job rights. pay and workplace rights even if their visa status or another Migration Act breach would otherwise cast doubt on their work contract.
Parents can now use unpaid parental leaveTime off from work without pay for new parents, which this bill makes more flexible to take across a longer period. more flexibly, including up to 100 flexible days, starting leave anytime within 24 months, and taking flexible days before or after a longer block of leave.
Workers get a new minimum Fair WorkThe main federal workplace law this bill changes, covering pay, leave, deductions and other minimum job rights. right to superannuationMoney paid into a worker’s retirement savings, which this bill treats as a workplace entitlement that can be pursued under Fair Work law., making it easier to recover unpaid super through workplace law, but not if the Australian Taxation Office is already in court over the same debt.
Employees can give one written approval for regular payroll deductions that change over time, but employers cannot use that for deductions that directly or indirectly benefit themselves unless regulations allow it.
Casual coal miners will build and receive long service leaveExtra leave that workers earn after many years of service, here adjusted for coal industry casual workers with irregular rosters. more fairly, with pay and levy calculations now including casual loading and average hours better reflecting how irregular rosters actually work.
The effect of the item is that a breach of the Migration Act 1958, or an instrument made under it, does not affect the validity of a contract of employment or contract for services for the purposes of the FW Act. This would ensure that migrant workers (including temporary migrant workers) working in Australia would be entitled to the benefit of the FW Act regardless of immigration status.Fair Work Legislation Amendment (Protecting Worker Entitlements) explanatory memorandum
The proposed amendments would strengthen an employee’s entitlement to flexible UPL by:Fair Work Legislation Amendment (Protecting Worker Entitlements) explanatory memorandum
This new section would prevent an employee, or another person with standing, from commencing proceedings for an alleged contravention of new Division 10A if the Commissioner of Taxation has instituted proceedings to recover superannuation guarantee charge amounts calculated on a superannuation guarantee shortfall that overlaps with the person’s claim for unpaid superannuation under new Division 10A. This section would prevent an employer being subject to multiple legal proceedings, under different Commonwealth legislation, for effectively the same unpaid superannuation.Fair Work Legislation Amendment (Protecting Worker Entitlements) explanatory memorandum
This amendment would allow employees to authorise employers to make multiple or ongoing deductions for a specific purpose that is principally for the employee’s benefit and not directly or indirectly for the benefit of the employer. Previously, a new written authorisation was required each time the amount of a deduction varied. Employees would be able to provide a single authorisation allowing employers to make deductions for varying amounts (for example, to accommodate changes in fees for a specified deduction). This amendment would decrease the administrative burden for employers who offer to make salary deductions for the benefit of employees.Fair Work Legislation Amendment (Protecting Worker Entitlements) explanatory memorandum
This Schedule implements recommendation 4, by amending the Coal Mining Industry (Long Service Leave) Administration Act 1992 (Administration Act) and the Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992 (Collection Act) to ensure that casual employees are treated no less favourably than permanent employees in the Coal LSL Scheme with regard to the accrual and access of long service leave entitlements. In doing so, it would contain the following amendments:Fair Work Legislation Amendment (Protecting Worker Entitlements) explanatory memorandum
Context
After the Fair WorkThe main federal workplace law this bill changes, covering pay, leave, deductions and other minimum job rights. Legislation Amendment (Secure Jobs, Better Pay) Act 2022 lifted wages and job security standards, the government said gaps still left some workers with weaker or less certain entitlements, especially migrant workers whose visa breaches could cloud contract rights, parents trying to use unpaid leave flexibly, and workers chasing unpaid super or fair coal long service leaveExtra leave that workers earn after many years of service, here adjusted for coal industry casual workers with irregular rosters.. The 2023 bill responded by closing those gaps, then passed Parliament and received Royal AssentThe formal step that turns a passed bill into an Act of Parliament. in June 2023 so those protections could be added to federal workplace law.
Secure Jobs, Better Pay Act reshapes workplace law
The government presented the 2022 Act as an earlier step to lift wages, improve job security and close the gender pay gap before returning to remaining entitlement gaps.
Hansard ↗Government introduces a bill to close worker entitlement gaps
The minister introduced the bill as the first step in closing loopholes and clarifying protections around migrant worker contracts, unpaid parental leaveTime off from work without pay for new parents, which this bill makes more flexible to take across a longer period., superannuationMoney paid into a worker’s retirement savings, which this bill treats as a workplace entitlement that can be pursued under Fair Work law. and coal long service leaveExtra leave that workers earn after many years of service, here adjusted for coal industry casual workers with irregular rosters..
Hansard ↗House passes the bill
The House completed its consideration of the bill, sending the package of worker entitlement changes to the Senate.
Parliamentary timeline ↗Parliament passes the bill
Both houses passed the bill in the same form, clearing the way for the new protections to become law.
Parliamentary timeline ↗Royal AssentThe formal step that turns a passed bill into an Act of Parliament. makes the changes law
Royal AssentThe formal step that turns a passed bill into an Act of Parliament. turned the bill into an Act so the clarified worker entitlements could take effect under federal workplace law.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Referred to Committee (30/03/2023): Senate Education and Employment Legislation Committee; Committee report (28/04/2023)
Referred to committee
APH bill page notesThe bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber considered the bill in detail and dealt with amendments before the next stage.
Consideration in detail debate
The bill reached this recorded parliamentary step.
Reported from Federation Chamber
The chamber considered the bill in detail and dealt with amendments before the next stage.
Consideration in detail debate
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal AssentThe formal step that turns a passed bill into an Act of Parliament., turning the bill into an Act.
Key criticism
The main criticism was that the bill's payroll deduction changes could let union fees rise and keep being taken from wages without fresh worker consent, while other parts were said to add unclear rules and costs for employers. That objection was pushed hardest by Coalition speakers and James Stevens, with Kylea Tink also saying the bill needed changes because it leaned too far against small and medium businesses rather than facing broad cross-parliament opposition to its overall aims.
Criticism centred on drafting, consent safeguards and business impact, not the bill's core worker-protection goal.
Payroll deductions and union fees
Critics argued the deduction rules were too loose because one written authorisation could keep operating as amounts changed, creating a risk that union fees could be increased and deducted without fresh, specific consent from the worker.
Unclear safeguards and recovery rules
Coalition speakers said several schedules needed tighter drafting and clearer safeguards, especially around flexible parental leave notice requirements, superannuationMoney paid into a worker’s retirement savings, which this bill treats as a workplace entitlement that can be pursued under Fair Work law. enforcement, deductions and when Fair WorkThe main federal workplace law this bill changes, covering pay, leave, deductions and other minimum job rights. recovery should overlap with ATO action.
Extra burden on business
Some opponents said the bill would go too far against employers by adding barriers, reducing workplace flexibility and making compliance harder for small and medium businesses.
Further sources
Votes
The bill passed both chambers on the voices. The counted divisions below were about amendments or procedure, not final passage.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Amendments grouped by chamber. These cards include amendment outcomes recorded without a counted division.
House
Passed 79 to 61. Support came from Labor and Greens. Opposition came from Liberal Party, Nationals, and Centre Alliance. Minor-party and independent votes were split.
The proposed change was agreed.
Passed 81 to 59. Support came from Labor and Greens. Opposition came from Liberal Party, Nationals, and Centre Alliance. Minor-party and independent votes were split.
This left the bill's migrant-worker protections and superannuationMoney paid into a worker’s retirement savings, which this bill treats as a workplace entitlement that can be pursued under Fair Work law. recovery mechanism unchanged.
Passed 78 to 62. Support came from Labor and Greens. Opposition came from Liberal Party, Nationals, and Centre Alliance. Minor-party and independent votes were split.
This avoided inserting a statutory review into the bill and kept the unpaid parental leaveTime off from work without pay for new parents, which this bill makes more flexible to take across a longer period. changes as drafted.
Passed 82 to 58. Support came from Labor and Greens. Opposition came from Liberal Party, Nationals, and Centre Alliance. Minor-party and independent votes were split.
The proposed change was agreed.
Passed 84 to 56. Support came from Labor, Centre Alliance, and Greens. Opposition came from Liberal Party and Nationals. Minor-party and independent votes were split.
This kept the bill's broader employee-authorised deduction rules, including the treatment of recurring deductions such as union fees, intact.
Passed 79 to 61. Support came from Labor and Greens. Opposition came from Liberal Party, Nationals, and Centre Alliance. Minor-party and independent votes were split.
The proposed change was agreed.
Senate
Defeated 28 to 33. Support came from Liberal Party, UAP, Nationals, and One Nation. Opposition came from Labor and minor parties and independents. One cross-floor vote was recorded: Penny Allman-Payne (Greens) voted aye. Greens had split recorded votes. Minor-party and independent votes were split.
This kept the government bill's worker-entitlement settings intact and defeated the Senate package seeking to constrain some enforcement and deduction provisions.
The Senate agreed on voices to Senator Cash's proposal to treat casual loading as part of ordinary pay and eligible wages, while excluding other separately identifiable allowances and loadings.
Carried on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
The Senate rejected on voices Senator Roberts' proposal to strip out the bill's coal mining long service leaveExtra leave that workers earn after many years of service, here adjusted for coal industry casual workers with irregular rosters. changes and related title wording.
Defeated on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
The Senate rejected on voices Senator Roberts' proposal to strip out the bill's coal mining long service leaveExtra leave that workers earn after many years of service, here adjusted for coal industry casual workers with irregular rosters. changes and related title wording.
Defeated on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
These are amendment votes, not the final passage vote on the bill itself. The bill passed both chambers on the voices.
Parliamentary debate
Start here — lead voices
Mr Burke supports the bill and says it is the first step in closing loopholes that undermine worker entitlements, including superannuationMoney paid into a worker’s retirement savings, which this bill treats as a workplace entitlement that can be pursued under Fair Work law., parental leave flexibility, migrant worker protections and fairer long service leaveExtra leave that workers earn after many years of service, here adjusted for coal industry casual workers with irregular rosters. for coal casuals.
Read in Hansard ↗James Stevens says the opposition supports some parts of the bill, but will oppose it because schedule 5 would let union fees be increased and deducted from workers without their permission.
Read in Hansard ↗Fletcher says the coalition will largely support the bill, because it protects worker entitlements, but wants a series of amendments to fix drafting problems and limit the impact on employers.
Read in Hansard ↗Kylea Tink says the bill has some good aims, but she is not prepared to back it in its current form because she thinks it goes too far against the interests of small and medium businesses.
Read in Hansard ↗All speeches by bloc
4 speakers · 4 support
“There is no point raising the bar if loopholes that then undermine worker entitlements remain open. This bill, protecting worker entitlements, is the first step of our government's reforms to close loopholes. These reforms contribute to the fairer workplace system that our government is delivering for Australian workers.”Read the full speech in Hansard ↗
“But despite this bill and these changes, as proud as I am to stand here, there's still so much to do in this area. I don't have the voice to go into the gig economy and the issues around making sure that there's safety at work. There are so many issues that we still have to address in this area of workers to protect their rights and ensure that they have a safe and secure job and a very safe workplace. There's a lot more to be said about that in the coming pieces of legislation, but I commend this bill and I urge those in this chamber to support it.”Read the full speech in Hansard ↗
“This is a really commonsense set of amendments that we're dealing with, particularly in relation to confirming that migrant workers are entitled to the benefit of the Fair Work Act, regardless of their visa status. They work in this country, and workers pay taxes. They are part of our communities. It's only right that we are able to confirm this here and hopefully alleviate a lot of the suffering and exploitation that, unfortunately, I've witnessed myself and heard stories about in the past decade that I've been working in the labour movement, in the Migrant Workers Centre at Victorian Trades Hall and at the United Workers Union. So, I'm really pleased to be able to support this legislation that's before us today. I think it will make a really big difference to the lives of many people in this country.”Read the full speech in Hansard ↗
“This bill delivers on the government's commitment to protect migrant workers from exploitation. It provides stronger access to unpaid parental leave so families can share work and caring responsibilities. It implements the government's election commitment to insert a right to superannuation in the National Employment Standards. It clarifies the operation of the Fair Work Commission workplace determinations and enterprise agreements. It streamlines employee-authorised deductions, to reduce the administrative burden on employers and employees. It ensures casual employees working in the black coal mining industry are treated no less favourably than permanent employees for the purposes of accrual, reporting and payment of long service leave entitlements within the coalmining long service leave scheme.”Read the full speech in Hansard ↗
4 speakers · 2 support · 2 oppose
“The coalition largely supports this bill and its intent of protecting workers' entitlements, although we will identify a number of areas of serious concern.”Read the full speech in Hansard ↗
“As I said, the coalition has a long history of protecting workers entitlements while balancing the need for businesses to work as efficiently as possible. We are largely supportive of this bill, but we have had a number of operational concerns raised with us. As I said, we'll be moving amendments to actually improve the efficiency and operation of the bill.”Read the full speech in Hansard ↗
“We absolutely oppose this element of this bill. First and foremost, the surreptitiousness of it is outrageous. As I said, in a bill that purports to be focused on protecting workers' entitlements—and it has measures in it that we support—to put in place this special little payback deal for the union movement, to allow them to up the fees on workers without telling them and without getting their authorisation to do so, is completely disgraceful and outrageous. It is also I suppose thoroughly predictable. It is just another one of these paybacks that this Labor government owes the union movement for all the support, particularly financial support, that they gave them during the election campaign.”Read the full speech in Hansard ↗
“Barriers that make it harder for businesses to employ and that make it harder for employees to choose flexibility in their working arrangements are government policy that is keeping inflation high and doing nothing to bring it down. All these things, combined together, are hurting Australian workers and hurting Australian families.”Read the full speech in Hansard ↗
1 speaker · 1 support
“r BARBARA POCOCK () (): I rise to signal the Greens' support for the Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023, which makes several simple and common-sense but important changes to the Fair Work Act: clarifying the rights of migrant workers under that act, expanding access to unpaid parental leave and ensuring that casual workers in the mining sector have fair and equal access to long service leave, alongside other technical changes that provide clarity on the operation of the commission and that simplify and streamline a number of processes under the act.”Read the full speech in Hansard ↗
2 speakers · 1 support · 1 mixed
“For many years now, Australia has maintained an enviable reputation as the land of the fair go, where people who aspire to create and build a better future for themselves and their families can succeed and were small and medium-size businesses are not just the backbone of our economy but are literally the lifeblood of our communities. For this reason, while, as I've said, there is much in this legislation to aspire to, I finish today by urging the government: please step back. Look at each element of this proposed bill critically to truly assess its potential impact on small to medium-size businesses. Please then come back to us with an amended piece of legislation that will ensure not only that workers can continue to thrive in our country but that they can do so because they continue to be employed by successful, productive small to medium-size enterprises. A big-business approach will not fit all, and it is imperative that this government refrain from trying to make it so.”Read the full speech in Hansard ↗
“Whilst I've raised concerns on the exploitation of migrant workers, I acknowledge that the Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023 is a step forward. This legislative amendment sends a strong message. Migrant workers are to be treated as normal Australians with parallel working rights. Exploitation is not acceptable, and things must change. But we can do so much more.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Referred to Federation Chamber
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Consideration in detail debate
Consideration in detail
The chamber considered the bill in detail and dealt with amendments before the next stage.
House · Reported from Federation Chamber
Reported from Federation Chamber
The bill reached this recorded parliamentary step.
House · Consideration in detail debate
Consideration in detail
The chamber considered the bill in detail and dealt with amendments before the next stage.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal AssentThe formal step that turns a passed bill into an Act of Parliament., turning the bill into an Act.
Senate Education and Employment Legislation Committee; Committee report (28/04/2023)
Referred to committee
Referred to Committee (30 Mar 2023): Senate Education and Employment Legislation Committee; Committee report (28 Apr 2023)
APH bill page notes
