Employment Rights Bill Unpacked: Fair Work Agency

The Employment Rights Bill creates a new state enforcement agency for specific employment rights, including some major new enforcement powers. What is covered, and what will these new powers mean in practice? We explain what we know so far.

The Employment Rights Bill creates a new state enforcement agency, which likely to be called the "Fair Work Agency" (FWA). Initially, this will cover specific areas which are already covered by existing enforcement agencies, plus a new remit over holiday pay. The Bill also gives the government broad powers to extend the FWA's remit to cover other employment rights.

The Bill sets out a range of enforcement powers, including powers to require individuals to provide information, to enter business premises to get documents, and in some cases to require employers to provide undertakings – backed up by criminal offences. Recent amendments to the Bill have added additional powers to enforce failure to pay statutory holiday and sick