Commonwealth Numbered Acts Commonwealth Numbered Acts
1 In the appropriate position in Schedule 1
Insert:
Part 14 -- Amendments made by the Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023
In this Part:
"amended Act " means this Act as amended by the Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 .
"amending Act " means the Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 .
Division 2 -- Amendments made by Schedule 2 to the amending Act
87 Amendments about unpaid parental leave
(1) The amendments made by Schedule 2 to the amending Act apply in relation to an employee in respect of a child if the child's date of birth, or day of placement, is on or after 1 July 2023.
(2) If:
(a) before the commencement of Schedule 2 to the amending Act, an employee gave notice to the employee's employer in accordance with subsection 74(1) of the taking of a period of unpaid parental leave under section 72 in relation to a child; and
(b) the period of unpaid parental leave is covered by paragraph 72(3)(a) or (4)(a); and
(c) the child's date of birth, or day of placement, is on or after 1 July 2023;
the period of unpaid parental leave is to be treated, after the commencement of Schedule 2 to the amending Act, as a continuous period of unpaid parental leave under section 71 of the amended Act.
(3) If:
(a) before the commencement of Schedule 2 to the amending Act, an employee gave notice to the employee's employer in accordance with subsection 74(1) of the taking of a period of concurrent leave under subsection 72(5) in relation to a child; and
(b) the child's date of birth, or day of placement, is on or after 1 July 2023;
the period of concurrent leave is to be treated, after the commencement of Schedule 2 to the amending Act, as a period of flexible unpaid parental leave under section 72A of the amended Act.
(4) If:
(a) before the commencement of Schedule 2 to the amending Act, an employee gave notice to the employee's employer in accordance with subsection 74(1) of the taking of a period of unpaid parental leave under section 71, 72 or 72A in relation to a child; and
(b) the child's date of birth, or day of placement, is on or after 1 July 2023;
then:
(c) the employee may give the employer a written notice (an amendment notice ) that makes amendments to the subsection 74(1) notice that are consistent with the amended Act; and
(d) if the employee gives an amendment notice to the employer in relation to the child:
(i) the amendments made by the amendment notice must not take effect until at least 4 weeks after the amendment notice is given to the employer; and
(ii) any requirement imposed by this Act (other than subsection 74(4) or (4B)) in relation to the period within which the employer is to be given written notice of the taking of unpaid parental leave is waived for the taking of the unpaid parental leave covered by the amendment notice; and
(e) the employee is not entitled to give more than one amendment notice to the employer in relation to the child.
Division 3 -- Amendments made by Schedule 3 to the amending Act
88 Superannuation--reduction of employer's liability to the extent of superannuation charge payments
Subsection 149B(2), as inserted by Part 2 of Schedule 3 to the amending Act, applies in relation to an employer's obligation to make superannuation contributions on behalf of an employee, whether the requirements of that subsection are satisfied before or after the commencement of that Part.
Division 4 -- Amendments made by Schedule 4 to the amending Act
89 Interaction of a workplace determination with an earlier enterprise agreement
The amendments made by Schedule 4 to the amending Act apply in relation to:
(a) an enterprise agreement that applies to an employee in relation to particular employment before, on or after the commencement of that Schedule; and
(b) a workplace determination that:
(i) covers the employee in relation to the same employment; and
(ii) comes into operation before, on or after the commencement of that Schedule.
Division 5 -- Amendments made by Schedule 5 to the amending Act
90 Employee authorised deductions
(1) An authorisation made for the purposes of paragraph 324(1)(a) that is in force immediately before the commencement of Schedule 5 continues in force, after the commencement, until it is withdrawn.
(2) An authorisation covered by subclause (3) that is in force immediately before the commencement of Schedule 5:
(a) is taken to be, and taken always to have been, made in compliance with section 324 as in force immediately before the commencement; and
(b) continues in force, after the commencement, until it is withdrawn.
(3) An authorisation is covered by this subclause if the authorisation:
(a) was purportedly made for the purposes of paragraph 324(1)(a) as in force immediately before the commencement of Schedule 5; and
(b) purportedly authorises multiple or ongoing deductions for amounts as varied from time to time; and
(c) would, after the commencement, comply with section 324 of the amended Act.
(4) However, paragraph (2)(a) does not affect rights or liabilities arising between parties to proceedings:
(a) in which judgment is reserved by a court before the commencement of Schedule 5; or
(b) which have been heard and finally determined by a court before the commencement;
to the extent those rights or liabilities arose from, or were affected by, an authorisation covered by subclause (3).