Your Rights At Work - The Basics
12. The laws that create & protect your rights
Friday, 22 July 2011
In Australia the conditions of your employment are determined by a number of sources . It is important to understand each of these and which of these may be applicable to your profession.
Common law
employment
contracts
Also called an
individual contract
An individual contract is negotiated
directly between an employee
and his or her employer.
An employee on an individual contract is still covered
by the terms and conditions in the NES and their
relevant award or agreement. Individual contracts are
NOT tested against the better off overall test and
can only be enforced in court, not by the Fair Work
Ombudsman |
AWARDSMany occupations
& industries are
covered by an award
An award sets out legally
enforceable minimum salary
levels and conditions that
apply to specific occupations
and industries. per week. Awards specify entitlements covering: - minimum wages
- classification structures
- annual leave and personal/carer’s leave
- termination and redundancy
- public holidays
- hours of work
- overtime and penalty rates
- loadings and allowances
- individual flexibility agreements
- and other minimum conditions of employment
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Enterprise
Agreements
(EA s)Enterprise Agreements (EAs) are
negotiated agreements between
employees as a group and their
employer, and may be facilitated
by a registered union. An EA cannot invalidate any terms or conditions
set out in the NES, but terms and conditions
pertaining to employment agreed upon in an EA
are enforceable. The EA must, on balance, leave
the employee better off overall than if they were
just covered by the award and the NES alone |
National Employment
Standards (NES )From 1 January 2010, employers &
employees in the national workplace
system are covered by the NES .
The NES set out minimum conditions of employment
that must be met. It is a safety net to ensure
minimum conditions are met for all employees.
The National Employment Standards are - Hours of work
- Flexible working arrangements
- Unpaid parental leave
- Annual leave
- Personal/carer’s &compassionate leave
- Community service leave
- Long service leave
- Public holidays
- Notice of termination &redundancy
- Fair Work InformationStatement
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Workplace Support 
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