Politics

Labor Proposes New Protections for Workers’ Penalty Rates

Labor Proposes New Protections for Workers’ Penalty Rates
Editorial
  • PublishedJuly 19, 2025

The Australian government has introduced new legislation aimed at reinforcing the rights of workers who rely on award wages. The proposed changes to the Fair Work Act are designed to protect penalty rates and overtime pay for approximately 2.6 million workers across the country. This initiative marks one of the first significant actions taken by the new federal parliament.

Under the new framework, workers cannot have their penalty rates diminished in exchange for higher base pay if it results in reduced overall earnings. The employment minister, Amanda Rishworth, announced the reforms, stating that the government is taking proactive measures in light of potential changes being considered by the Fair Work Commission. These changes could negatively impact workers’ take-home pay.

Government’s Commitment to Worker Protections

During a press conference in Canberra, Rishworth emphasized the need for enhanced legal protections, saying, “What’s become clear is that we need added legal protection to make sure penalty rates and overtime are protected in our award system.” She stressed the importance of ensuring that workers do not face a decline in earnings while working harder. The minister highlighted that women, part-time or casual workers, and individuals under the age of 35 are particularly affected by penalty rates.

The Albanese government had previously committed to safeguarding penalty rates in law if re-elected. This latest proposal builds on earlier industrial relations reforms that faced significant resistance from employer groups. As Rishworth introduced the reforms, she was accompanied by retail workers Daniel and Liarne, who shared personal testimonials about how penalty rates have significantly improved their quality of life. Liarne noted, “My penalty rates are about $6.35 an hour, which is about $7,500 a year. That’s really important because it helps me pay for rent, groceries, school fees and the care of my animals, which I love dearly.”

Anticipated Discussions and Legislative Action

The proposed reforms come amid ongoing discussions between the government, unions, and business groups. Retail and business associations have sought to negotiate with the Fair Work Commission for the ability to waive penalty rates in exchange for increased base pay. In response, Labor has filed a submission opposing these employer proposals, advocating instead for the protections enshrined in law.

Further debates on this issue are expected as the government prepares for a productivity summit scheduled for August 19-21, 2023, led by treasurer Jim Chalmers. This summit will also address tax reform and strategies to improve living standards in Australia. Chalmers has indicated that discussions will revolve around resilience, productivity, and sustainability.

The federal parliament is set to reconvene on Tuesday for its ceremonial opening, with the introduction of this legislative proposal among the first orders of business. The outcome of these discussions will likely influence future labor policies and the overall dynamics between employers and employees in the Australian workforce.

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