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Fair Work Legislation Amendment (Strengthening Protections Against Discrimination) 2023
✦ Plain-English Summary
# Fair Work Legislation Amendment (Strengthening Protections Against Discrimination) 2023
## What it does
This bill adds "family and domestic violence" as a protected attribute under Australian workplace discrimination laws. That means employers can't legally discriminate against, harass, or dismiss someone because they're experiencing domestic violence. It also formally recognises breastfeeding, gender identity, and intersex status as protected grounds in the same way.
## Why it matters
Workers experiencing family or domestic violence often face employment barriers—they might need time off for court appearances, medical care, or safety planning. This change gives them legal recourse if their employer penalises them for it. It's particularly important for women, who make up the majority of domestic violence survivors.
## Key details
- The changes apply across multiple sections of the Fair Work Act, covering unfair dismissal claims, general protections against adverse action, and discrimination provisions
- It comes into effect the day after receiving Royal Assent (no waiting period)
- The bill relies on Australia's international obligations under ILO conventions, which is a legal basis for the Commonwealth to regulate employment law in this area
Official Description
Amends the Fair Work Act 2009 to provide workplace protections against discrimination for employees who have been, or continue to be, subjected to family and domestic violence.
Audit History
Introduced
6 Nov 2023
Last updated on APH
10 Apr 2026
Last checked by Crossbench
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Next review
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Full text indexed
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