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Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023

The submission to the Senate Education and Employment Legislation Committee (Committee) in relation to its Inquiry into the Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023 (Cth) (the Bill), was prepared by the Industrial Law and Migration Law Committees of the Federal Dispute Resolution Section and the Superannuation Committee of the Legal Practice Section.

As noted in the Law Council’s submission to the Joint Standing Committee on Migration as part of its Inquiry on Migration, Pathway to Nation Building, the Law Council is supportive of the principle that a migrant worker should be entitled to the same pay and conditions, and workplace protections, as an Australian worker.1

Schedule 1 to the Bill proposes to insert a new section 40B into the Fair Work Act 2009 (Cth) (FW Act). The purpose of this amendment is to provide that a contract of employment or contract for services is not invalid merely because of a person’s immigration status (including for example that they are employed in circumstances where they are not eligible to work)


1 Law Council of Australia, Submission No 117 to the Joint Standing Committee on Migration, Parliament of Australia, Migration, Pathway to Nation Building (31 March 2023) 7 <https://www.lawcouncil.au/resources/submissions/migration-pathway-to-nation-building>.

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