Fair Work Amendment (Baby Priya’s) Act 2025

Administered by Department of Employment and Workplace Relations

Legislation au C2025A00056 In force Act

Select Document

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.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this Act	The day after this Act receives the Royal Assent.	7 November 2025

Note: This table relates only to the provisions of this Act as originally enacted.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Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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

(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:

10F

333X(2)

(a) an employee;

(b) an employee organisation;

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division 2);

for a serious contravention—600 penalty units; or

otherwise—60 penalty units

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

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

(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]

(72/25)

Overview

The Fair Work Amendment (Baby Priya’s) Act 2025 was enacted by the Parliament of Australia to address the gap in existing legislation that failed to protect employees' rights to employer-funded paid parental leave in the event of a stillborn child or the death of a child. This Act amends the Fair Work Act 2009 to introduce protections ensuring that employers cannot refuse or cancel such leave without specific provisions in the employee's terms and conditions of employment. The policy objective of the Act is to provide emotional and financial support to employees during profoundly difficult times, by preserving their entitlement to paid parental leave despite the tragic circumstances of a stillbirth or the death of a child. The Act came into effect on 7 November 2025, the day after receiving Royal Assent.

Scope and Application

The Fair Work Amendment (Baby Priya’s) Act 2025 amends the Fair Work Act 2009 to introduce several provisions aimed at protecting employee rights, particularly in relation to paid parental leave. This Act applies to employers and employees across Australia, encompassing various industries and employment arrangements. It introduces several key amendments, including prohibiting pay secrecy, setting limitations on fixed term contracts, ensuring an employee's right to disconnect, and preserving employer-funded paid parental leave when a child is stillborn or dies. The Act came into effect on 7 November 2025, the day after receiving Royal Assent. Notably, the Act also extends its application through subordinate instruments, allowing for further specification and refinement of its provisions. While the Act broadly applies to all employees, it includes specific exceptions, such as when the terms and conditions of employment expressly address stillbirth or the death of a child, or when other leave explicitly addresses such circumstances.

Key Provisions

The Fair Work Amendment (Baby Priya’s) Act 2025, which amends the Fair Work Act 2009, introduces significant changes that focus on protecting employees' rights in specific circumstances. Section 5(8)(b) of the Fair Work Act 2009 is amended to include several new protections: prohibiting pay secrecy, limiting fixed-term contracts, ensuring employees have the right to disconnect, and preserving employer-funded paid parental leave. The definition of "selected civil remedy provision" in section 12 is expanded to include section 10F. Employers are also prohibited from refusing or cancelling employer-funded paid parental leave due to a child's stillbirth or death, as noted in section 77A(1). New provisions are added to section 321 and Part 2-9 of the Fair Work Act 2009, detailing the preservation of employer-funded paid parental leave in cases of stillbirth or death of a child, with specific exceptions outlined. The amended Fair Work Act 2009 imposes several obligations on employers and employees. Employers must not refuse or cancel paid parental leave if a child is stillborn or dies, unless the employment terms expressly allow such refusal or cancellation or if other leave explicitly addresses the circumstance. Employees must adhere to their employment terms to be entitled to these protections. Additionally, employers must ensure that employment contracts and workplace instruments comply with these new provisions, particularly regarding paid parental leave. The Fair Work Act 2009 now includes a civil remedy provision that allows specific entities to seek redress in certain courts for contraventions related to these new protections. The Fair Work Amendment (Baby Priya’s) Act 2009 also introduces penalties and consequences for breaches of the amended provisions. Serious contraventions of the new protections can result in fines of up to 600 penalty units, while less severe contraventions may incur fines of up to 60 penalty units. The Act specifies that authorised entities such as employees, employee organisations, and inspectors can seek remedies in courts like the Federal Court, Federal Circuit and Family Court of Australia, and eligible state or territory courts. These penalties and the ability to seek legal redress aim to enforce compliance and protect employee rights under the amended Fair Work Act 2009.

Area of Law: Employment & Labour Law
Instrument: Act
Concepts: Commencement Provisions; Reporting & Disclosure Obligations; Rights & Protections; Civil Penalty Provisions; Transitional Provisions

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

Legislation content

Overview

Scope and Application

Key Provisions

Legal classification tags

Interactions

Authorises

All Versions