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These amendments implement Recommendation 4 of the ‘KPMG Report: Enhancing certainty and fairness: Independent Review of the Coal Mining Industry (Long Service Leave Funding) Scheme’. This ensures casual employees are treated no less favourably than permanent employees under the Coal Mining Industry (Long Service Leave Funding) Scheme.

The Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 amends the Fair Work Act 2009 (the Act) to provide greater clarity and flexibility and additional safeguards for employee authorised deductions.

The Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 amends the Fair Work Act 2009 (the Act) by inserting a new provision to deal with the interaction between the Act and the Migration Act 1958 (Migration Act). Specifically, the proposed amendment provides that a breach of the Migration Act, or an instrument made under it, does not affect the validity of a contract of employment or a contract for services for the purposes of the Act.

The Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 amends the Fair Work Act 2009 (the Act) to insert a right to superannuation in the National Employment Standards (NES).

The Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 strengthens access to unpaid parental leave and help families share work and caring responsibilities.

These amendments provide certainty for employers and workers by stating in the Fair Work Act 2009 that once a workplace determination made by the Fair Work Commission commences, the previous enterprise agreement ceases to apply.