This presentation provides an overview to The Fair Work Act and Modern Award System in Australia. It answers the questions: What is the Fair Work Act? What is a Modern Award? What is the Fair Work Ombudsman? And what is The Fair Work Information Statement?
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Employsure is Australia’s leading workplace relations specialist – providing support with employment relations, HR services, and workplace health & safety. Employsure works alongside employers to set solid foundations for business success. With highly skilled professionals assisting over 24,000 business owners Australia-wide, Employsure provides small to medium-sized businesses with the tools, advice, and assistance to be workplace confident.
Instilling Workplace Confidence
Employsure’s main objective as workplace relations specialists is to give business owners peace of mind when they need it most. This is achieved by providing employers advice on the Fair Work Act, National Employment Standards (NES), and relevant Modern Awards. Employsure clients receive tailored documentation such as employment contracts, policies, and procedures – as well as immediate updates of relevant legislative changes. May the situation present itself, Employsure also provides its clients with representation and legal protection.
Employsure also reviews workplace health and safety processes and documents to identify specific gaps and solutions. Based on this, best practice tools are provided to lay the foundations for ensuring a fair and safe workplace.
In essence, Employsure believes that all business owners, no matter their size, deserve access to comprehensive, quality and honest advice – and support that is scalable to the needs of their business.
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2. Key topics:
The Fair
Work Act
National Employment
Standards
Modern Award &
Minimum Wage
Fair Work Commission &
Fair Work Ombudsman
Fair Work
Information Statement
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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.
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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
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5
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9
10
Business owners must ensure their business is compliant with the minimum
standards set out by the National Employment Standards (NES).
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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