The Fair Work Act 2009 is the cornerstone of Australian employment law. It sets out the rules for workplace relations, covering everything from minimum wages to termination procedures. Understanding this legislation is essential for anyone employing workers in Australia.
National Employment Standards
The Act establishes 11 National Employment Standards (NES) that form the safety net of minimum entitlements. These include maximum weekly hours, requests for flexible working arrangements, parental leave, annual leave, personal leave, community service leave, long service leave, public holidays, notice of termination, redundancy pay, and the Fair Work Information Statement.
Modern Awards
Modern Awards operate alongside the NES to set minimum conditions for specific industries or occupations. They cover matters like minimum pay rates, penalty rates, allowances, overtime, and leave arrangements. Most employees are covered by an Award relevant to their industry.
Unfair Dismissal Protection
The Fair Work Act protects eligible employees from unfair dismissal. To be eligible, employees must have completed the minimum employment period (six months, or 12 months for small business employers) and earn below the high-income threshold or be covered by an Award or enterprise agreement.