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The Fair Work
Act & Modern
Award System.
Key topics:
The Fair
Work Act
National Employment
Standards
Modern Award &
Minimum Wage
Fair Work Commission &
Fair Work Ombudsman
Fair Work
Information Statement
employsure.com.au
The Fair
Work Act.
• The Fair Work Act 2009 (the Act) is
the primary piece of legislation
governing Australia’s workplaces.
• It outlines the National Employment
Standards (NES) and provides basic
entitlements to employees, such as
leave and protection from unfair
dismissal and adverse action.
• It provides for compliance with an
enforcement of the Act
• Provides for the administration of the
Act by establishing Fair Work
Commission and the Fair Work
Ombudsman
Guide: Fair Work In
Australia
As a business owner or
employer, there are certain
requirements which you need
to adhere to in order to
guarantee that all employees
are treated fairly and without
prejudice. Learn more.
employsure.com.au
The National Employment Standards.
Maximum weekly working hours
Right to request flexible working
arrangements
Parental leave
Personal/carer’s and compassionate
leave
Community service leave
Annual leave
Long service leave
Public holidays
Notice of termination and
redundancy pay
Fair Work information statement
1
2
3
4
5
6
7
8
9
10
Business owners must ensure their business is compliant with the minimum
standards set out by the National Employment Standards (NES).
employsure.com.au
Modern Awards.
Additional to the NES, most employees are
also covered by a Modern Award.
Over 120 Modern Awards sit underneath the
Act and regulate minimum conditions of
employment in specific industries, such as:
• Minimum wages
• Penalty rates
• Types of employment
• Flexible working arrangements
• Hours of work
• Rest breaks
• Classifications
• Allowances
• Leave and leave loading
• Superannuation
• And procedures for consultation,
representation and dispute settlement.
employsure.com.au
Which Award
applies to
you?
The main awards that provide coverage for trades are:
• The Building and Construction General On-site Award 2010
• The Joinery and Building Trades Award 2010
• The Plumbing and Fire Sprinklers Award 2010
• The Timber Industry Award 2010
• The Electrical, Electronic and Communications Contracting
Award 2010
employsure.com.au
Which Award
applies to
you?
Some trades have coverage under more than one award.
For example, an air conditioning technician may be covered by:
• the Building and Construction General On-Site Award 2010,
• the Electrical Electronic And Communications Contracting
Award 2010, or
• the Plumbing and Fire Sprinklers Award 2010, depending on
the type of industry they are engaged in and what the
primary business of their employer is.
employsure.com.au
• The Gardening and Landscaping Services Award 2010
• The Manufacturing and Associated Industries and Occupations Award 2010
• The Mining Industry Award 2010
• The Vehicle Manufacturing, Repair, Services and Retail Award 2010
• The Water Industry Award 2010
• The Horticulture Award 2010
• The Seagoing Industry Award 2010
• The Electrical Power Industry Award 2010
• The Black Coal Mining Industry Award 2010
• The Hydrocarbons Industry (Upstream) Award 2010
• The Stevedoring Industry Award 2010
Depending on your industry, the below awards may also
provide coverage for your trades.
employsure.com.au
Minimum Wage in Australia.
• A minimum wage is the absolute base rate an
employee is entitled to be paid for their ordinary
hours of work.
• This is determined by the specific industrial
instrument which the employee is employed under –
Modern Award, Enterprise Agreement or National
Minimum Wage Order.
• This is reviewed every financial year by the Fair Work
Commission (FWC) to ensure they align with national
living standards.
Minimum wage
increases on
the 1st July of
each year.
employsure.com.au
Fair Work
Commission.
It is the independent national workplace
relations tribunal which has the power to
carry out a range of functions relating to
workplace matters, including:
• Unfair dismissal and general
protection claims
• Stop bullying orders
• Disputes under awards or agreements
• Making enterprise agreements
• Regulating the taking of
industrial action
Their core focus is on resolving
workplace issues and disputes between
employees and employers.
employsure.com.au
Fair Work
Ombudsman.
The Fair Work Ombudsman (FWO)
works to ensure the correct
understanding and implementation
of the Fair Work Act in Australia.
Their key focus is to keep
workplaces fair through education
and mediation, helping employees
and employers meet their
obligations.
They offer free information, tools,
templates and help for individuals
to resolve workplace matters
without the need for intervention.
employsure.com.au
anonymous reports
were received by
the Fair Work
Ombudsman
in 2018
15,138 28,275 4572
disputes were dealt
with by the Fair
Work Ombudsman
in 2018
audits of workplaces
were conducted in
2018
The FWO is more involved than
you may think.
Fair Work
Information
Statement.
A factsheet containing information for employees about
their workplace entitlements under the Act.
Employers must provide a copy of the statement as soon
as reasonably practical after employees commence
employment. The Fair Work information Statement (FWIS)
covers:
• The 10 National Employment Standards
• The right to request flexible working arrangements
• Modern Awards
• Agreement making under the Fair Work Act
• Individual flexibility arrangements
• Freedom of association and workplace rights (general
protections)
• Termination of employment
• Right to entry
• The roles of the Fair Work Ombudsman and the Fair
Work Commission
employsure.com.au
Navigating workplace
relations can be confusing.
Employsure works directly with employers to ensure they
stay on top of rapidly changing legislation and provide a fair
and safe workplace for their staff.
Get in touch with us today to find out how we can help your
business grow.
To receive the most up-to-date news and small business
information sign up for our Free Monthly Newsletter.
employsure.com.au
Hear from industry experts and get first-hand
tips to better your business. Follow us on
LinkedIn.
Get notified on regular legislation updates.
Subscribe to our YouTube channel.
Follow us on social media.
Phone 1300 651 415 or visit employsure.com.au

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The Fair Work Act And Modern Award System | Employsure

  • 1. employsure.com.au The Fair Work Act & Modern Award System.
  • 2. Key topics: The Fair Work Act National Employment Standards Modern Award & Minimum Wage Fair Work Commission & Fair Work Ombudsman Fair Work Information Statement employsure.com.au
  • 3. The Fair Work Act. • The Fair Work Act 2009 (the Act) is the primary piece of legislation governing Australia’s workplaces. • It outlines the National Employment Standards (NES) and provides basic entitlements to employees, such as leave and protection from unfair dismissal and adverse action. • It provides for compliance with an enforcement of the Act • Provides for the administration of the Act by establishing Fair Work Commission and the Fair Work Ombudsman Guide: Fair Work In Australia As a business owner or employer, there are certain requirements which you need to adhere to in order to guarantee that all employees are treated fairly and without prejudice. Learn more. employsure.com.au
  • 4. The National Employment Standards. Maximum weekly working hours Right to request flexible working arrangements Parental leave Personal/carer’s and compassionate leave Community service leave Annual leave Long service leave Public holidays Notice of termination and redundancy pay Fair Work information statement 1 2 3 4 5 6 7 8 9 10 Business owners must ensure their business is compliant with the minimum standards set out by the National Employment Standards (NES). employsure.com.au
  • 5. Modern Awards. Additional to the NES, most employees are also covered by a Modern Award. Over 120 Modern Awards sit underneath the Act and regulate minimum conditions of employment in specific industries, such as: • Minimum wages • Penalty rates • Types of employment • Flexible working arrangements • Hours of work • Rest breaks • Classifications • Allowances • Leave and leave loading • Superannuation • And procedures for consultation, representation and dispute settlement. employsure.com.au
  • 6. Which Award applies to you? The main awards that provide coverage for trades are: • The Building and Construction General On-site Award 2010 • The Joinery and Building Trades Award 2010 • The Plumbing and Fire Sprinklers Award 2010 • The Timber Industry Award 2010 • The Electrical, Electronic and Communications Contracting Award 2010 employsure.com.au
  • 7. Which Award applies to you? Some trades have coverage under more than one award. For example, an air conditioning technician may be covered by: • the Building and Construction General On-Site Award 2010, • the Electrical Electronic And Communications Contracting Award 2010, or • the Plumbing and Fire Sprinklers Award 2010, depending on the type of industry they are engaged in and what the primary business of their employer is. employsure.com.au
  • 8. • The Gardening and Landscaping Services Award 2010 • The Manufacturing and Associated Industries and Occupations Award 2010 • The Mining Industry Award 2010 • The Vehicle Manufacturing, Repair, Services and Retail Award 2010 • The Water Industry Award 2010 • The Horticulture Award 2010 • The Seagoing Industry Award 2010 • The Electrical Power Industry Award 2010 • The Black Coal Mining Industry Award 2010 • The Hydrocarbons Industry (Upstream) Award 2010 • The Stevedoring Industry Award 2010 Depending on your industry, the below awards may also provide coverage for your trades. employsure.com.au
  • 9. Minimum Wage in Australia. • A minimum wage is the absolute base rate an employee is entitled to be paid for their ordinary hours of work. • This is determined by the specific industrial instrument which the employee is employed under – Modern Award, Enterprise Agreement or National Minimum Wage Order. • This is reviewed every financial year by the Fair Work Commission (FWC) to ensure they align with national living standards. Minimum wage increases on the 1st July of each year. employsure.com.au
  • 10. Fair Work Commission. It is the independent national workplace relations tribunal which has the power to carry out a range of functions relating to workplace matters, including: • Unfair dismissal and general protection claims • Stop bullying orders • Disputes under awards or agreements • Making enterprise agreements • Regulating the taking of industrial action Their core focus is on resolving workplace issues and disputes between employees and employers. employsure.com.au
  • 11. Fair Work Ombudsman. The Fair Work Ombudsman (FWO) works to ensure the correct understanding and implementation of the Fair Work Act in Australia. Their key focus is to keep workplaces fair through education and mediation, helping employees and employers meet their obligations. They offer free information, tools, templates and help for individuals to resolve workplace matters without the need for intervention. employsure.com.au
  • 12. anonymous reports were received by the Fair Work Ombudsman in 2018 15,138 28,275 4572 disputes were dealt with by the Fair Work Ombudsman in 2018 audits of workplaces were conducted in 2018 The FWO is more involved than you may think.
  • 13. Fair Work Information Statement. A factsheet containing information for employees about their workplace entitlements under the Act. Employers must provide a copy of the statement as soon as reasonably practical after employees commence employment. The Fair Work information Statement (FWIS) covers: • The 10 National Employment Standards • The right to request flexible working arrangements • Modern Awards • Agreement making under the Fair Work Act • Individual flexibility arrangements • Freedom of association and workplace rights (general protections) • Termination of employment • Right to entry • The roles of the Fair Work Ombudsman and the Fair Work Commission employsure.com.au
  • 14. Navigating workplace relations can be confusing. Employsure works directly with employers to ensure they stay on top of rapidly changing legislation and provide a fair and safe workplace for their staff. Get in touch with us today to find out how we can help your business grow. To receive the most up-to-date news and small business information sign up for our Free Monthly Newsletter. employsure.com.au Hear from industry experts and get first-hand tips to better your business. Follow us on LinkedIn. Get notified on regular legislation updates. Subscribe to our YouTube channel. Follow us on social media.
  • 15. Phone 1300 651 415 or visit employsure.com.au