On 22 June 2023, the Australian Government passed the Fair Work Legislation Amendment
(Protecting Worker Entitlements) Act 2023. The legislation introduces changes to the Fair
Work Act.
These changes took effect on 30 December 2023
From 30 December 2023, new rules apply for employee authorised deductions from pay that are:
These are called employee authorised deductions and the employee needs to give their permission in writing. Examples of these deductions include payments to a health fund or union fees.
Employers can only make employee authorised deductions where the deductions are mainly for the employee’s benefit. Extra rules about when employee authorised deductions are allowed also apply if they:
Deductions have to be recorded and kept in an employee’s records. Pay slips also have to say the:
Awards and registered agreements can also allow for deductions from pay to be made in some circumstances.
These changes took effect on 1 January 2024
From 1 January 2024, the National Employment Standards (NES) includes a right to superannuation contributions. This means that unpaid or underpaid superannuation can be enforced under the Fair Work Act by more employees (as well as by an employee organisation or us).
Employers already have an obligation to pay superannuation contributions for eligible employees under superannuation guarantee laws. There would be no contravention of the NES provision where an employer has met their obligations under these laws.
The Australian Taxation Office (ATO) continues to have the main responsibility for ensuring compliance with employer obligations under superannuation guarantee laws.
We (the Fair Work Ombudsman) can continue to make referrals involving unpaid superannuation to the ATO.
The Fair Work Information Statement, which employers must give to new employees, now includes superannuation as part of the NES.
These changes took effect on 1 January 2024
Employees in the black coal mining industry are entitled to portable long service leave entitlements that go with them between employers. This is managed by the Coal Mining Industry (Long Service Leave Funding) Corporation (Coal LSL).
There are changes to:
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