New union-won rights at work summary
In the last two years, the union movement has won the biggest changes to workers’ rights in Australia in generations. These changes deliver new and improved rights that empower millions of workers.
Below you’ll find a summary of some of the key changes, what they mean for workers, and when they came (or will come) into effect. Jump to a section:
Paid Family and Domestic Violence Leave
1 February 2023
Paid family and domestic violence leave
Secure Jobs, Better Pay
7 December 2022
Gender equality and job security
Anti-discrimination
Pay secrecy
7 January 2023
Job advertisements
6 March 2023
Sexual harassment
6 June 2023
Flexible work
Bargaining protections
7 December 2023
Outdated work rules
Protecting Worker Entitlements
1 July 2023
Parental leave
Migrant workers
1 January 2024
Superannuation
Closing Loopholes
15 Dec 2023
Labour hire workers
FDV protections
Delegates’ rights
First responders’ PTSD
Health and safety
27 February 2024
Sham contracting
1 July 2024
Industrial manslaughter
26 August 2024
Casual workers
Right to disconnect
Definition of employment
Regulated (’employee-like’) workers
1 January 2025
Wage theft
Paid Parental Leave
1 July 2024
Paid parental leave
Paid Family and Domestic Violence Leave
The Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022 became law on 9 November 2022, with changes taking effect from 1 February 2023 (1 August 2023 for employees of small business employers).
1 February 2023
Introduction of paid family and domestic violence leave
Workers are now entitled to 10 days of paid family and domestic violence leave per 12-month period. This leave entitlement replaces the previous five days of unpaid family and domestic violence leave under the National Employment Standards (NES).
What does this mean for workers?
Full-time, part-time and casual employees can take paid leave to help deal with the impact of family and domestic violence.
Secure Jobs, Better Pay
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 became law on 6 December 2022, with changes taking effect at different times up to 7 December 2023.
7 December 2022
Promoting gender equality and job security
The Fair Work Act now has the objectives of promoting job security and achieving gender equality. This objective also extends to modern awards and the minimum wage.
This means that the Fair Work Commission needs to take these objectives into account when making decisions, like when setting the terms and conditions in awards or the minimum wage in the Annual Wage review. That’s why the Fair Work Commission is currently looking to award better wages for workers in female dominated occupations like early childhood education and care, because they have been historically undervalued.
What does this mean for workers?
Workplaces have a greater likelihood of achieving gender equality, including equal pay, and workers have a better likelihood of accessing secure work.
7 December 2022
Stronger anti-discrimination
Breastfeeding, gender identity and intersex status are now protected attributes at work. This means employers are prohibited from taking adverse action against current or future employees because of these attributes.
What does this mean for workers?
More workers are now protected from more types of discrimination.
7 December 2022
Pay secrecy banned
New employment contracts and Enterprise Agreements are now not allowed to contain pay secrecy clauses i.e. clauses that prevent workers from talking about their pay with each other. Employers who continue to include pay secrecy clauses in new written agreements and employment contracts are liable for penalties (as of 7 June 2023).
What does this mean for workers?
You can now share information about your pay and ask other workers about their pay; helping workers to challenge pay discrimination and wage inequality.
7 January 2023
Job advertisement pay rates
Job advertisements now can’t include pay rates that would breach the Fair Work Act, or a fair work instrument (such as an award or enterprise agreement).
This means that job ads can’t include pay rates that undercut employees’ minimum entitlements. Employers face fines for breaching these provisions unless they have a reasonable excuse for not complying.
What does this mean for workers?
Employers are likely to pay more for roles in which they would have previously underpaid workers and workers can feel more confident that the wages they are seeing when job-hunting are at or above minimum legal pay rates.
6 March 2023
Prohibiting workplace sexual harassment
Sexual harassment of workers and prospective workers is now prohibited. Employers are now under a positive duty to take all reasonable and proportionate steps to eliminate sexual harassment from their workplaces.
Workers will be able to make applications to the Fair Work Commission and the federal courts in relation to sexual harassment disputes, and the Fair Work Commission will be able to grant remedies in relation to sexual harassment.
What does this mean for workers?
Workers have protection from sexual harassment by any person, including third parties, in the workplace. Workers can seek assistance from the Fair Work Commission early on, have claims dealt with quickly and resolve issues before they escalate further and prevent future conduct.
6 June 2023
Flexible work extension
The right to request flexible working arrangements is now available to employees (or a member of their immediate family or household) experiencing family and domestic violence and employees who are pregnant.
Employers have new obligations before they can refuse a request from an employee (which they must do in writing within 21 days), including discussing the request with the employee, making a genuine effort to find alternative arrangements and considering the consequences of refusal for the employee.
What does this mean for workers?
Workers now have a right to request flexible working arrangements for more reasons and are entitled to more and thorough consideration and justification from their employer if the request is denied. They can also go to the Fair Work Commission which can now make a ruling on their flexible work request.
6 June 2023
Better bargaining protections for more workers
There is now increased access to multi-employer bargaining through single-interest bargaining, supported bargaining and cooperative bargaining.
What does this mean for workers?
Union members can now bargain for – and win – better pay and conditions across workplaces or employers in the same industry.
7 December 2023
Ending outdated work rules
An agreement made before the commencement of the Fair Work Act, that was still in operation, automatically terminated (or ‘sunsetted’) on 7 December 2023, unless an application was made to extend it.
What does this mean for workers?
Workers who have been stuck on old agreements (known as ‘zombie agreements’) that often left them on lower rates of pay and worse conditions than current laws and/or the relevant Award, are now free from these outdated agreements, and can now bargain for a new, better agreement.
Protecting Worker Entitlements
The Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 became law on 30 June 2023, with changes taking effect at different times up to 1 January 2024.
1 July 2023
Parental Leave
Employees taking unpaid parental leave can take up to 100 days (previously 30 days) of their 12-month leave entitlement flexibly during the 24-month period after the birth or placement of their child. Pregnant employees can also access flexible unpaid parental leave up to 6 weeks before the expected date of birth of their child.
Employees are no longer prevented from taking more than 8 weeks of unpaid parental leave at the same time as their spouse or de facto partner. Both parents can also take up to 12 months unpaid parental leave at any time within 24 months of their child’s birth or placement (and can apply for an extension of up to 12 months beyond that).
What does this mean for workers?
Workers and their spouses or de facto partners now have greater access to unpaid parental leave before and after the birth or placement of their child.
1 July 2023
Protections for migrant workers
Migrant workers in Australia (regardless of migration status) have the same entitlements and protections as other employees. A breach of the Migration Act also won’t affect the validity of an employment contract under the Fair Work Act.
For example, if an employee works over the cap of the hours they’re allowed to work under their visa, they are still entitled to receive their full workplace entitlements (like pay) for all hours worked, despite this breach.
What does this mean for workers?
Migrant workers won’t lose out on fundamental worker rights and protections.
1 January 2024
Right to superannuation
The NES now includes a right to superannuation contributions. This means that most employees covered by the NES can take court action to recover unpaid or underpaid superannuation.
The entitlement to superannuation in the NES aligns with and refers to superannuation legislation (won by union members over 30 years ago, which already stipulates that employers must make super contributions to employees’ super funds).
What does this mean for workers?
Workers now have a stronger enforceable workplace right to superannuation, and stronger grounds on which to stand up to super-theft.
Closing Loopholes
The Fair Work Legislation Amendment (Closing Loopholes) Act 2023 became law on 14 December 2023 with changes taking effect at different times up to 1 January 2025.
The Fair Work Legislation Amendment (Closing Loopholes No.2) Act 2024 became law on 27 February 2024 with changes taking effect at different times up to 26 August 2025.
15 Dec 2023
Same job, same pay for labour hire workers
Unions are now able to apply to the Fair Work Commission for an order which ensures that workers from the labour hire company must be paid in the same way as workers who are directly employed under an Enterprise Agreement by the host employer.
What does this mean for workers?
Workers employed by a labour hire company who do the same job as directly employed workers should receive the same pay.
* Win Alert *
The union movement has already had two wins applying the new laws! These cases set a powerful precedent for other labour hire workers to also be paid fairly and win secure, permanent jobs.
15 Dec 2023
New protections for family and domestic violence victims
Being subjected to family and domestic violence is now a protected attribute within the Fair Work Act’s anti-discrimination provisions. Modern awards and enterprise agreements are also not able to discriminate against workers on this basis. This protection supports the union-won entitlement to 10 days paid family and domestic violence leave which came into effect from 1 February 2023.
What does this mean for workers?
This means workers cannot be discriminated against because they have been, or are being, subjected to family and domestic violence.
15 Dec 2023
Stronger delegates’ rights
The right of delegates to represent workers is now legally protected. Delegates have the right to reasonable communication with members and potential members when it comes to work matters, as well as paid time off during normal working hours for training.
A delegate’s employer must not unreasonably fail or refuse to deal with a delegate on a workplace matter or unreasonably hinder, obstruct, or prevent the delegate’s duties.
What does this mean for workers?
These changes recognise the critically important work of delegates, and the tremendous barriers they can face at work. More empowered delegates mean more empowered members to make change in your workplace.
15 Dec 2023
Better support for first responders’ PTSD
There is now a legal presumption that PTSD in first responders is work-related (this presumption can be contested with contrary evidence). This change covers a wide range of emergency service roles, including police officers, firefighters, ambulance officers, and other emergency services personnel
What does this mean for workers?
This change will make it easier for first responders to receive workers’ compensation; representing a major step forward in supporting the mental health of those in high-stress roles.
15 Dec 2023
Stronger health and safety support
Union officials may now enter workplaces to assist when requested by a Health and Safety Representative (HSR) under a provision of a State or Territory OHS law under their existing entry permit. When a union official receives that request for assistance from a HSR, the union official also does not need to provide 24 hours’ notice, or to only visit the workplace during working hours.
What does this mean for workers?
Workers have easier access to seeking union support when it comes to health and safety concerns.
27 February 2024
Sham contracting defence
Sham contracting is misrepresenting an employment arrangement as an independent contractor arrangement. The previous defence to sham contracting claims has been tightening: an employer must now prove that at the time they reasonably believed the worker was engaged as a contractor.
What does this mean for workers?
Employers are likely to be more careful about representing workers as independent contractors; meaning workers will be better protected and are more likely to have access to conditions and entitlements as an employee.
1 July 2024
Industrial manslaughter
An industrial manslaughter offence now applies to individuals or officers of a business whose intentional conduct breaches safety duties and results in an employee’s death. The penalties are severe, including up to 25 years imprisonment for individuals, and fines up to $18 million for corporations.
What does this mean for workers?
Employers may take a more serious approach to ensuring the health and safety of workers, making workplaces safer, and in circumstances where the tragedy of a loss of a worker’s life occurs, employers will be held accountable if found that the death could have been prevented by better WHS practices.
26 August 2024
Casual workers’ job security
The existing definition of ‘casual employee’ in the Fair Work Act has been replaced with a new one. The new definition says that an employee is a casual only if there is not a firm advance commitment to continuing and indefinite work and the employee is entitled to a specific pay rate for casual employment.
Additionally, a new pathway has been introduced for eligible employees to change to permanent employment if they want to become permanent and meet the definition of being permanent. This replaces the previous rules for casual conversion. There are certain eligibility requirements (like length of service) and mechanisms to go to the Fair Work Commission if the employer denies the request.
What does this mean for workers?
More roles will be offered as permanent, secure jobs, and only those that are truly ‘genuinely casual’ will remain casual. Current workers in casual employment have stronger grounds on which to request to convert to permanent work, with the onus on employers to explain why they have refused the request.
26 August 2024
Right to disconnect
Most employees now have the right to refuse to monitor, read or respond to contact (or attempted contact) from an employer (or third parties) outside of working hours, unless that refusal is unreasonable.
There are occasions, such as emergencies, when an employer can contact a worker after-hours. Additionally, in some roles, some amount of after-hours contact will be reasonable.
(Note: This law does not come in until 26 August 2025 for small businesses.)
What does this mean for workers?
Workers have a clearer distinction between work-time and outside of work and be supported to enjoy a better work-life balance.
26 August 2024
More employees, less independent contractors
New definitions of ‘employee’ and ‘employer’ have been added into the Fair Work Act (and some exceptions to the application of these definitions).
When determining whether a worker is an employee or an independent contractor, consideration must be given to the real substance, practical reality and true nature of the relationship and the whole relationship between the parties, including the terms of the contract and how the contract is performed in practice.
What does this mean for workers?
More workers will be found to fit the definition of ‘employee’ (rather than being an independent contractor), which means they will be entitled to the pay, rights and protections of being an employee.
26 August 2024
Minimum standards for gig workers
New minimum standards on pay and conditions apply to certain ‘employee-like workers’: contractors engaged on digital labour platforms or in the road transport industry. These workers are called ‘regulated workers’ (often known as gig workers).
The new laws will also give gig workers the right to make collective agreements, and delegates will be able to represent these workers just as they do other kinds of workers.
What does this mean for workers?
These changes literally ‘close the loophole’ that employers have been exploiting to avoid classifying workers as employees. For the first time, these vulnerable workers are entitled to the pay, rights and protections that most workers enjoy.
1 January 2025
Wage theft prevention
Wage theft was previously only a criminal offence in some states in Australia, but now wage theft will become a criminal offence at the Commonwealth level.
The new laws are designed to target deliberate wage theft by non-small business employers, and there will be serious consequences for employers who do the wrong thing and short-change their workers. The civil penalties for wage theft will also increase significantly.
What does this mean for workers?
Employers will be less likely to deliberately try to rip off workers (to avoid the higher consequences) and more workers will receive what they’re entitled to.
Paid Parental Leave
The Paid Parental Leave Amendment (More Support for Working Families) Act 2024 became law on 20 March 2024, with changes taking effect from 1 July 2024 (and up to 1 July 2026).
1 July 2024
Paid parental leave extension
The maximum amount of available flexible paid parental leave will increase by 2 weeks on 1 July each year, until it is at 26 weeks from 1 July 2026.
What does this mean for workers?
Working parents have access to paid parental leave for longer, allowing them to take more time away from work to look after their new child, rest and recuperate.