The Bill creates 10 National Employment Standards, intended to be a "safety net" of minimum conditions. The Standards cannot be overridden by an individual contract or by an award or agreement.
The 10 minimum conditions include:
- The right to a 38 hour week with reasonable additional hours
- The right to request flexible working hours or conditions
- Up to 24 months unpaid parental leave and guaranteed return to work
- 4 weeks annual leave
- 10 days paid personal/carer's leave
- The right to unpaid leave for community service work, such as volunteer work for a State Emergency Service
- Preservation of long service leave entitlements
- Public holidays, with a limited right to request employees work on a public holiday
- Set periods for notice of termination and redundancy pay
- Distribution of Fair Work Information Statements
The standards apply to all employees of "constitutional corporations", that is trading or financial corporations, regardless of their industry or occupation and will operate in addition to any existing award provisions.
The Bill also preserves a national minimum wage. Minimum wages set out in awards will now be reviewed every year by a specialist Minimum Wage Panel within Fair Work Australia. The minimum wages in modern awards will override any lower rates in an enterprise agreement made under the Bill. The Bill also requires Fair Work Australia to make a national minimum wage order to provide minimum wages for all award free employees.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
