Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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Changes to Unpaid Parental Leave

New Legislation Enacted

Authors: Naomi Seddon, Shareholder, and Xi (Grace) Yang, Of Counsel – Littler

As of July 1, 2023, the amended Fair Work Act offers greater flexibility for employees taking unpaid parental leave, to align with updates made to the Paid Parental Leave scheme. Employees can take up to 100 days (increased from the previous 30-day entitlement) of their 12-month unpaid parental leave flexibly at any time within 24 months of their child’s birth or adoption. Pregnant employees can access their flexible unpaid parental leave up to six weeks before the expected date of birth. Both parents can take up to 12 months unpaid parental leave at any time during the 24-month period after the birth or placement of their child. Also, they can both request up to an additional 12 months of unpaid leave.

Paid Family and Domestic Violence Leave for Small Businesses

New Legislation Enacted

Authors: Naomi Seddon, Shareholder, and Xi (Grace) Yang, Of Counsel – Littler

As of August 1, 2023, employees of small business employers (with fewer than 15 employees) can access 10 days paid leave to deal with family and domestic violence, even if a contract gives less. This leave entitlement replaces the previous five days of unpaid family and domestic violence leave under the National Employment Standards. This leave is available to full-time, part-time and casual employees and it is not pro-rated for part-time or casual employees.

An employee’s paid leave entitlement is available in full immediately and resets on their work anniversary (i.e., it does not accumulate from year to year). It is a paid minimum leave entitlement, like annual leave or paid sick and carer’s leave. Employers must not include certain information on an employee's pay slip about taking paid family and domestic violence leave.

Express Interaction Rule for Workplace Determinations and Enterprise Agreements

New Legislation Enacted

Authors: Naomi Seddon, Shareholder, and Xi (Grace) Yang, Of Counsel – Littler

Effective July 1, 2023, the Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 amends the Fair Work Act 2009 to include an express interaction rule for workplace determinations and enterprise agreements. The Fair Work Commission (the national workplace relations tribunal, the FWC) can make a workplace determination that sets terms and conditions of employment in replacement of an enterprise agreement in some circumstances. Once a workplace determination made by the FWC commences, the previous enterprise agreement no longer applies to the covered employee. This amendment offers certainty for employers and workers by confirming the common understanding of how workplace determinations and enterprise agreements interact.

Protections for Migrant Workers

New Legislation Enacted

Authors: Naomi Seddon, Shareholder, and Xi (Grace) Yang, Of Counsel – Littler

Effective July 1, 2023, the Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 amends the Fair Work Act 2009 to ensure the application of Australian workplace laws and conditions to migrant workers. The amendment clarifies that (1) migrant workers continue to have workplace rights and entitlements regardless of their migration status under the Migration Act 1958 (the Migration Act), (2) a breach of the Migration Act does not affect the validity of an employment contract or a contract for services.

This amendment makes explicit that a migrant working in Australia is entitled to the benefit of the Fair Work Act, regardless of their migration status. This includes, but is not limited to, circumstances where a migrant worker (1) has breached a work-related visa condition, (2) does not have work rights, or (3) does not have the right to be in Australia. The operation of any sanctions under the Migration Act for breaches of immigration law remain unaffected.