The Fair Work System Australia
The Fair Work Act 2009 is the most important employment law in Australia. It establishes the Fair Work System, which sets out the 10 minimum National Employment Standards.
The Standards outline the maximum number of working hours your employer can require you to work, flexible working arrangements, parental leave and other entitlements, and annual leave. They also cover other types of leave, such as compassionate leave and long service leave. Regulations under national employment law on public holidays and termination and redundancy are also outlined in the Standards.
Your Basic Rights under the National Employment Standards in Australia
The Standards are designed to protect your rights as a worker. Every applicable contract, award, or enterprise agreement must allow for these 10 standards at minimum. For example, your employer cannot ask you to work more than 38 hours in a week unless it is reasonable to do so.
If you have worked for the same employer for 12 months or more and you satisfy certain criteria, you have the right to request flexible working arrangements, though your employer can refuse the request if there are reasonable ground for doing so.
The Standards state that you have the right to four weeks of paid annual leave each year.
If you work for a state or local government, it is likely that your workplace falls under state legislation, rather than national employment law, unless your employer is in the ACT or the NT.
In WA, sole traders, partnerships, non-trading corporations, and unincorporated entities are not covered by the Fair Work System, and most state and local government workplaces also fall under the state laws.
