The Modern Award system and the National Employment Standards (NES) commenced on 1 January 2010. The Fair Work Act 2009 provides a safety net of enforceable minimum employment terms and conditions through the NES. The NES sets out 10 minimum workplace entitlements which apply to all employers and employees in the national workplace relations system from 1 January 2010 (however only certain entitlements apply to casual employees). The NES replaces the non-pay rate provisions of the Australian Fair Pay and Conditions Standard (the Standard), which applies up to and including 31 December 2009. Also from 1 January 2010, all employers covered by the national workplace relations system have an obligation to give each new employee a Fair Work Information Statement (the Statement) before, or as soon as possible after, the employee starts employment.
The NES as set out in the Fair Work Act 2009 involves the following minimum entitlements:
- Maximum weekly hours of work
- Request for flexible working arrangement
- Parental leave and relating entitlements
- Annual leave
- Personal/carers leave and compassionate leave
- Long service leave;
- Public holidays;
- Notice of termination and redundancy pay; and
- Provision of a fair work information statement.
The regulatory changes will result in all private sector employees working in Australia, with the exception of those working in the state of Western Australia, being covered by the Fair Work Act 2009 (Commonwealth).
We suggest employers review employment contracts, policies and industrial awards to ensure that they are ready for the regulatory changes. Partner David Farrell heads our employment law group with Associate Malcolm Griffin and either can provide you advice on employment law related matters.
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