Fair Work Amendment (Unpaid Parental Leave) Regulations 2024

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated  20 June   2024

David Hurley

Governor‑General

By His Excellency’s Command

Tony Burke

Minister for Employment and Workplace Relations

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Fair Work Regulations 2009

1  Name

  This instrument is the Fair Work Amendment (Unpaid Parental Leave) Regulations 2024.

2  Commencement

 (1) Each provision of this instrument 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Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

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

3  Authority

  This instrument is made under the Fair Work Act 2009.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Fair Work Regulations 2009

1  Before Division 12 of Part 2‑2

Insert:

Division 5—Parental leave and related entitlements

Subdivision B—Parental leave

2.00  Flexible unpaid parental leave

  For the purposes of subsection 72A(1) of the Act, the following higher number of days is prescribed:

 (a) if the date of birth or day of placement of the child is during the period starting on 1 July 2024 and ending on 30 June 2025—110 days of flexible unpaid parental leave in relation to the child;

 (b) if the date of birth or day of placement of the child is during the period starting on 1 July 2025 and ending on 30 June 2026—120 days of flexible unpaid parental leave in relation to the child;

 (c) if the date of birth or day of placement of the child is on or after 1 July 2026—130 days of flexible unpaid parental leave in relation to the child.

Note: For a date of birth or day of placement of a child before 1 July 2024, see subsection 72A(1) of the Act.