Wages & Benefits - Employment Law
In Australia, the Fair Work Act (FWA), National Employment Standards (NES), and Modern Awards work together to provide a comprehensive framework for employment conditions.
National Employment Standards (NES)
The NES applies to:
- Corporation employers
- Public sector employers in the Commonwealth, Victoria, and territories
- Private sector employers in all jurisdictions except Western Australia
- Employers engaged in interstate trade or commerce
The NES includes ten minimum entitlements, such as:
- Hours of Work: 38 hours per week plus reasonable additional hours. Employees can refuse unreasonable additional hours.
- Flexible Work for Parents: Employees caring for a school-age child or a child under 18 with a disability can request flexible work arrangements, -which can only be refused on reasonable grounds.
- Parental Leave: 12 months of unpaid leave, with the possibility of an additional 12 months, subject to reasonable refusal.
- Annual Leave: Four weeks per year, five for shift workers. Leave can be cashed out by agreement, maintaining a minimum balance of four weeks.
- Personal, Carers, Compassionate Leave: 10 days of personal/carers leave, with additional unpaid carer’s leave and paid compassionate leave.
- Community Service Leave: For jury service and voluntary emergency activities, with paid leave for the first 10 days of jury service.
- Long Service Leave: As per pre-existing entitlements.
- Public Holidays: Employees can refuse unreasonable requests to work on public holidays.
- Termination and Redundancy: Minimum notice periods and redundancy pay based on service length.
- Information Statement: Employers must provide a statement of rights and entitlements under the Act upon commencement.
Modern Awards
Modern Awards cover various industries and occupations, providing a safety net of terms and conditions in conjunction with the NES. Objectives include:
- Ensuring fair minimum standards for most workers
- Encouraging collective bargaining
- Promoting social inclusion and workforce participation
- Supporting flexible and efficient work practices
- Providing additional remuneration for overtime, irregular hours, and holidays
- Modern Awards do not apply to high-income employees or those covered by an enterprise agreement.
Casual Employees and the NES
Casual employees receive limited NES entitlements, including:
- Unpaid carer’s leave
- Unpaid compassionate leave
- Unpaid family and domestic violence leave
- Community service leave
- The Fair Work Information Statement
The FWA, NES, and Modern Awards collectively ensure fair and equitable working conditions, promoting a balanced and productive work environment in Australia. For detailed information, visit the Fair Work Commission website.
If you believe you are not getting the protections under the NES, contact Houston Defence Lawyers, we are dedicated to protecting clients' rights. Houston Defence Lawyers brings years of experience and expertise to defend cases vigorously, aiming for positive outcomes. With a skilled team in advocacy who provides strong support and guidance throughout the legal process. Our first consultation is free.
Ready to assist you in resolving any issues you may have with employment law.
Client’s Testimonials
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