Fair Work Amendment (Baby Priya’s) Act 2025

No. 56, 2025

An Act to amend the Fair Work Act 2009, and for related purposes

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Fair Work Act 2009

Fair Work Amendment (Baby Priya’s) Act 2025

No. 56, 2025

An Act to amend the Fair Work Act 2009, and for related purposes

[Assented to 6 November 2025]

The Parliament of Australia enacts:

1  Short title

  This Act is the Fair Work Amendment (Baby Priya’s) Act 2025.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Fair Work Act 2009

1  Paragraph 5(8)(b)

Omit “and high‑income employees”, substitute “, high‑income employees, prohibiting pay secrecy, limitations on fixed term contracts, employee right to disconnect and preservation of employer‑funded paid parental leave”.

2  Section 12 (definition of selected civil remedy provision)

After “10A,”, insert “10F,”.

3  At the end of subsection 77A(1)

Add:

Note: In addition, an employer generally must not refuse or cancel employer‑funded paid parental leave for an employee because the employee’s child is stillborn or dies (see section 333X).

4  At the end of section 321

Add:

Division 7 is about preserving employer‑funded paid parental leave if an employee’s child is stillborn or dies. The employee’s employer must not refuse to allow the employee to take that leave, or cancel that leave without a request from the employee. However, this does not apply if the terms and conditions of the employee’s employment make express provision relating to stillbirth or the death of a child.

5  At the end of Part 2‑9

Add:

Division 7—Preservation of employer‑funded paid parental leave

333X  Employer‑funded paid parental leave—preserved if child is stillborn or dies

Application of this section

 (1) This section applies if:

 (a) a child is stillborn or dies; and

 (b) an employee would have been entitled to leave, under the terms and conditions of the employee’s employment, if the child had not been stillborn or died; and

 (c) that leave is paid for by the employee’s employer and is associated with:

 (i) the birth of a child of the employee or the employee’s spouse or de facto partner; or

 (ii) the placement of a child with the employee for adoption.

Note: For the definition of a stillborn child, see subsection 77A(2).

Employee must be allowed to take paid parental leave

 (2) The employee’s employer must not, because of the stillbirth or death:

 (a) refuse to allow the employee to take that leave; or

 (b) cancel any part of that leave without being requested by the employee to do so.

Note: This subsection is a civil remedy provision (see Part 4‑1).

Exception—express provision for refusal or cancellation of leave, or for no entitlement to leave

 (3) Despite subsection (2), the employer may refuse or cancel that leave if, under the terms and conditions of the employee’s employment:

 (a) the employer is expressly allowed to refuse or cancel that leave because of stillbirth or the death of a child; or

 (b) the employee is expressly not entitled to that leave because of stillbirth or the death of a child.

 (4) However, subsection (3) does not apply if the terms and conditions are varied, after the commencement of this section, unilaterally by the employer to provide as mentioned in paragraph (3)(a) or (b).

Exception—other leave that expressly addresses circumstance

 (5) Despite subsection (2), the employer may refuse or cancel that leave if, under the terms and conditions of the employee’s employment, the employee is entitled to other leave that expressly addresses stillbirth or the death of a child.

 (6) For the purposes of subsection (5), in working out whether the employee is entitled to other leave, disregard:

 (a) unpaid parental leave to which the employee is entitled under section 70 or under terms that have the same (or substantially the same) effect as that section; and

 (b) compassionate leave to which the employee is entitled under section 104 or under terms that have the same (or substantially the same) effect as that section.

6  Subsection 539(2) (after table item 10E)

Insert:

7  In the appropriate position in Schedule 1

Insert:

Part 20—Amendments made by the Fair Work Amendment (Baby Priya’s) Act 2025

128  Application provision—employer‑funded paid parental leave under workplace instruments etc.

  Section 333X (employer‑funded paid parental leave—preserved if child is stillborn or dies) applies in relation to an employee if:

 (a) the stillbirth or death mentioned in paragraph 333X(1)(a) occurs on or after the commencement of section 333X; and

 (b) the employee would have had an entitlement to leave mentioned in paragraph 333X(1)(b); and

 (c) the entitlement arises other than under a contract of employment (regardless of whether the source of the entitlement was made before, on or after that commencement).

129  Application provision—employer‑funded paid parental leave under employment contracts

Contracts entered into after section 333X commences

 (1) Section 333X (employer‑funded paid parental leave—preserved if child is stillborn or dies) applies in relation to an employee if:

 (a) the employee would have had an entitlement to leave mentioned in paragraph 333X(1)(b); and

 (b) the entitlement arises under a contract of employment; and

 (c) the contract is entered into on or after the commencement of section 333X.

Contracts in effect immediately before section 333X commences

 (2) Section 333X (employer‑funded paid parental leave cannot be refused or cancelled because of child’s stillbirth or death) also applies in relation to an employee if:

 (a) the stillbirth or death mentioned in paragraph 333X(1)(a) occurs on or after the commencement of section 333X; and

 (b) the employee would have had an entitlement to leave mentioned in paragraph 333X(1)(b); and

 (c) the entitlement arises under a contract of employment; and

 (d) the contract was in effect immediately before that commencement; and

 (e) at that commencement, the employee:

 (i) had not given notice of intention to take that leave; or

 (ii) had given notice of intention to take that leave, but not all the requirements for seeking that leave had been met; or

 (iii) had met all the requirements for seeking that leave, but had not been approved to take that leave; or

 (iv) had been approved to take that leave, but had not commenced that leave; or

 (v) had commenced that leave.

Note: Paragraph (d) also covers a contract that is varied after that commencement, as long as the contract (with or without the variation) was in effect immediately before that commencement.

[Minister’s second reading speech made in—

House of Representatives on 9 October 2025

Senate on 3 November 2025]