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Australia’s Fair Work Act

What is Australia’s Fair Work Act and What Does it Cover?

The Fair Work Act 2009 (the Act) governs the relationship between individuals in most private workplaces across Australia. It establishes a balanced framework for interactions between employers and employees, as well as among employees within the workplace. Legislators designed the Act to promote national economic prosperity and social inclusion for employees. They aim to achieve this by:

  • establishing specific terms and conditions of employment,

  • defining the rights and responsibilities of employees,

  • ensuring compliance with and enforcement of the Act, and

  • providing mechanisms for the Act’s administration.

The Importance of the National Employment Standards

The Fair Work Act also guarantees a safety net for employers by establishing enforceable minimum terms and conditions that apply across all industries, business sizes, and operational contexts. These minimum standards are set out in the 10 National Employment Standards (NES), each of which will be examined in detail.

 

01

Maximum hours per week

The National Employment Standards limit the maximum number of hours an employee can work each week. If an employee works beyond this limit, the employer must provide appropriate compensation, usually at a higher pay rate. While the standard rate is typically time and a half, employers and employees may agree on alternative terms.

02

Flexible work arrangements

Employees in Australia have the right to request flexible working arrangements. These arrangements may include changes to working hours, adjustments to the location of work (where the employer operates from multiple sites), or modifications to the employee’s work pattern.

03

Parental leave

Under the Fair Work Act 2009, employees expecting a newborn child are entitled to take an appropriate amount of parental leave. The duration depends on individual circumstances, but the Act sets limits on the total time a parent can take off work.

04

Compassionate and domestic leave

This provision allows employees to take time off to address serious family issues or domestic violence. Since these challenges can affect workplace performance, employers must treat such claims with care and seriousness. Ignoring domestic violence claims may result in severe consequences, including potential legal liability.

05

Community service leave

This provision allows employees to take time off work to engage in community service, which does not need to be political in nature.

06

Annual leave

This entitlement is commonly referred to as paid time off in other jurisdictions and is a standard practice in many countries worldwide. Under the Fair Work Act 2009, all full-time employees are entitled to four weeks of paid annual leave for each year of service.

07

Long service leave

Under the Fair Work Act 2009, employees with extended periods of service may be entitled to long service leave, which allows for a longer period of absence compared to standard leave entitlements. However, in some cases, State and Territory long service leave laws may not apply to national system employees. It is advisable to consult a legal professional to clarify how these entitlements apply in your specific circumstances.

08

Public Holidays

Employers must accommodate employees in relation to nationally recognised public holidays. Public holidays may be observed at the national, state, or regional level, and entitlements can vary accordingly. Employees should check with their employer to understand the specific arrangements that apply to their workplace and location.

09

Notice of termination

All employers must provide employees with notice of termination, along with the reasons for their dismissal. This ensures transparency and compliance with the requirements set out in the Fair Work Act 2009.

10

Fair Work Information Statement

As an employer in Australia, you are legally required to provide new employees with information about their workplace rights. This document outlines the key benefits and protections available under the Fair Work Act 2009, including the National Employment Standards (NES). You must provide this information to new employees within a reasonable timeframe.

The Role of the Fair Work Commission

Legislators designed the Fair Work Act to include a clear administrative framework. Two agencies oversee this: the Fair Work Commission and the Fair Work Ombudsman. The Commission administers specific provisions, reviews the Act, and acts as a tribunal for disputes like unfair dismissal, issuing rulings after hearings. The Ombudsman provides information, advice, and investigates alleged breaches. Neither agency has the final authority, as both function as administrative bodies bound by strict procedural and substantive rules. For judicial review of their decisions, affected parties should consult legal professionals.

As a business owner, you must follow the Fair Work Act 2009 and understand employee rights. For questions or a free case evaluation, contact our lawyers via form, chat, or phone at 0485 872 417.

Contact Us for a Free Case Evaluation

If you feel that you are a victim, it’s important to take steps to protect your reputation. To schedule a free case evaluation, complete the form or contact us via chat or phone at 0485 872 417.

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