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Overview |
The NES are set out in the Fair Work Act 2009 and comprise 10 minimum standards of employment. They apply to all employees covered by the national workplace relations system (however only certain entitlements apply to casual employees). |
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Provision of a Fair Work Information Statement |
must be provided by employers to all new employees, and contains information about the NES, modern awards, agreement-making, the right to freedom of association, termination of employment, individual flexibility arrangements, union rights of entry, transfer of business, and the respective roles of the Fair Work Commission and the Fair Work Ombudsman |
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Hours - Maximum weekly hours of work |
38 hours per week, plus reasonable additional hours |
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Hours - Requests for flexible working arrangements |
an entitlement allowing employees in certain circumstances as set out in the Fair Work Act 2009 to request a change in their working arrangements because of those circumstances |
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Leave - Annual leave |
four weeks paid leave per year, plus an additional week for certain shift workers. Can be sold |
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Leave -Personal/carer’s and compassionate leave |
10 days paid personal/carer’s leave, two days unpaid carer’s leave as required, and two days compassionate leave (unpaid for casuals) as required |
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Leave - Community service leave |
unpaid leave for voluntary emergency activities and leave for jury service, with an entitlement to be paid for up to 10 days for jury service |
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Leave - Long service leave |
a transitional entitlement for employees as outlined in an applicable pre modernised award, pending the development of a uniform national long service leave standard |
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Leave - Parental and related leave |
The NES establish minimum entitlements to unpaid parental leave and related entitlements, which apply to all employees in Australia. Parental leave provisions include birth-related leave and adoption-related leave, and also recognise same sex de facto relationships. |
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Public holidays |
a paid day off on a public holiday, except where reasonably requested to work |
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Ending Employment - Overview |
The relevant Commonwealth workplace laws set out specific rules and protections relating to the termination of an employment relationship. These rules establish whether the termination of the employment was unlawful or unfair, the entitlements an employee may be owed at the end of their employment, and the requirements for dismissing an employee due to redundancy |
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Ending Employment - Notice of termination and redundancy pay |
up to five weeks notice of termination and up to 16 weeks severance pay on redundancy, both based on length of service |
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Minimum Wage - Overview |
A minimum wage is an employee’s base rate of pay for ordinary hours worked, and is generally dependent on the applicable Modern Award, enterprise agreement, national minimum wage order |
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Minimum Wage - Overview - current rate |
Information on the minimum wage and current rate |
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Minimum Wage - Unpaid work |
In certain circumstances unpaid work is permitted and is often industry specific |
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Minimum Wage - Unpaid work - Student placement / internships |
Some unpaid work arrangements are lawful and others are not. Depending on the nature of the arrangement, the person doing the work may be an employee and be entitled to be paid the legal minimum rate of pay for the type of work they're doing, along with other minimum employment entitlements |
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Minimum Wage - Modern Awards |
Modern awards apply to all employees covered by the national workplace relations system. Modern awards are industry or occupation-based, and apply to employers and employees who perform work covered by the award. |
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Minimum Wage - Modern awards |
Information on awards and agreement and how they apply |
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Minimum Wage - Modern award rates |
Links to award pay guides |
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Minimum Wage - Junior pay rates |
A junior is an employee under 21 years of age. Juniors get paid a percentage of the relevant adult pay rate unless the award, enterprise agreement or other registered agreement doesn't have junior rates, or they have completed an apprenticeship and are trade qualified. |
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Minimum Wage - Apprentices and trainees |
Apprentices and trainees are employees who have a formal training contract with their employer. Special rates and conditions apply to these employees |
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Minimum Wage - Piece rates & commission payments |
Employees paid piece rates and commission payments are paid by results instead of getting an hourly or weekly pay rate. This means the amount the employee earns each week will vary depending on how much work they do. |
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Minimum Wage - Salary payments |
The requirements that need to be met when agreeing to an annualised salary can be outlined in an award, employment contract, enterprise agreement or other registered agreement. An annual salary can't be less than the minimum entitlements an employee is entitled to under the award or registered agreement that applies and the National Employment Standards. |
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