Priya’s Law
Australia has taken an important step for grieving families with the introduction of Priya’s Law, an amendment to the Fair Work Act 2009, which applies from 7th November 2025. The law ensures that parents who experience a stillbirth or the death of a newborn are protected if they have approved paid parental leave (outside of the Services Australia funded leave). Previously, some employers could revoke leave in these tragic circumstances.
Under Priya’s Law, approved paid parental leave cannot be withdrawn following a stillbirth or early infant death unless a prior written agreement exists. This protection applies if the employee would have been entitled to the leave under their employment terms had the child not been stillborn or died, and if the leave relates to the birth or adoption of the employee’s child or their spouse or de facto partner’s child. Employers may only refuse or cancel the leave if an exception applies or if the employee requests the cancellation.
This reflects a long-overdue recognition of the emotional toll of losing a child. The law doesn’t require all employers to provide paid parental leave, but it safeguards leave that has already been granted and allows for compassionate arrangements to be negotiated in good faith.
Job Advertising Compliance
The Fair Work Ombudsman (FWO) has also issued a warning about unlawful job ads. In 2024‑25, more than 318 fines were issued to employers advertising pay below legal minimums, with penalties totalling over $111,000.
Advertised pay must comply with the relevant Award, Enterprise Agreement, or National Minimum Wage. The FWO stresses that visa-holders have the same rights, and employers must ensure job ads are accurate and lawful.
Flexible Work: Recent Case
The Fair Work Commission recently found that an employer breached the Fair Work Act by refusing an employee’s request to work from a closer location due to caring responsibilities without properly following the legal process. The employer did not give a written response within the 21-day time limit, did not genuinely discuss the request or try to reach an agreement, and relied only on company policy instead of showing valid business reasons for refusal.
As a result, the Commission ordered the employer to grant the arrangement. It emphasised that employers must respond to flexible work requests fairly and on time, provide clear reasons for their decisions, and genuinely consider the employee’s personal circumstances. The decision is a reminder that company policies should not be applied rigidly and that every request should be assessed on its own merits.
A Major Warning for Franchisors
A recent Franchisor case is especially significant for any organisation with a franchise or multi‑site business model. The Full Federal Court has dismissed an appeal that contested that franchises or multi‑site business models are liable for contraventions of workplace laws in their networks.
The Full Federal Court continued to hold one such business liable for half of an alleged $1.2 million underpayment by one of its franchisees, because it had commissioned an audit in 2019 which revealed underpayments and record completion contraventions, but failed to take further action to prevent them.
The FWO confirmed liability to the franchisor as a ‘responsible franchisor’. Under the provisions, a ‘responsible franchisor’ is liable for its franchisee’s contraventions if it (or an officer) knew, or could reasonably have been expected to have known, that a contravention by the franchisee was likely to occur.
The decision confirmed that franchisors carry a reverse onus of proof under the Fair Work Act if they fail to keep proper records or supervise their network. This means franchisors must show they took all reasonable steps to prevent contraventions. The ruling signals heightened risk for organisations in franchise arrangements, and places strong emphasis on compliance oversight across the network.
What These Developments Mean for Your Business
- Parental Leave Policies: Review any paid parental leave arrangements to ensure they reflect the protections under Priya’s Law. Make sure your HR team and managers are aware of the legal obligations.
- Job Advertisements: Audit your job ads now. Make sure all advertised wages meet legal minimums and document your decision-making process.
- Flexible Work Requests: Ensure you have a clear process for reviewing and responding to requests for flexible work, with documented business reasons for any refusal.
- Franchise or Multi site Oversight: If your business includes franchisees or multiple sites, strengthen your compliance regime. Regular audits, clear training, and documented corrective actions are essential.
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