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Employers should regularly review and update their employment policies and practices to ensure compliance with the Fair Work Act 2009 (Cth) and the NES. This involves maintaining accurate records of employee entitlements, providing required notices and documentation, and ensuring fair treatment across all workplace practices. Employees can verify their entitlements by familiarising themselves with the NES and relevant modern awards or enterprise agreements, reviewing their payslips, and seeking advice if discrepancies arise. For expert guidance and assistance, Bentham Sydney Employment Lawyers is available to provide comprehensive legal advice and support to both employers and employees to ensure compliance and address any issues related to employment rights and entitlements.
The primary objectives of the Fair Work Act 2009 (Cth) are to provide a balanced framework for cooperative and productive workplace relations, establish a safety net of minimum employment conditions, promote fair and equitable treatment for employees, and resolve disputes in a manner which is just, quick, and cheap. The Fair Work Act 2009 (Cth) aims to protect employees by ensuring minimum standards of employment, while also providing employers with a framework for managing their workforce that promotes fairness and reduces disputes. It seeks to achieve these objectives through the implementation of the National Employment Standards (NES), modern awards, and enterprise agreements.
The National Employment Standards (NES) provide the minimum employment entitlements that cannot be undercut by modern awards or enterprise agreements. However, modern awards and enterprise agreements can provide conditions that are more beneficial than the NES. If an award or agreement provides a benefit that exceeds the NES, that provision will apply. For instance, an enterprise agreement might offer more annual leave or a higher rate of pay than the NES stipulates. However, if an award or agreement offers conditions that are less favourable than the NES, the NES will prevail.
Under the NES, employees are entitled to four weeks of paid annual leave per year of service. This leave accrues progressively based on the number of hours worked and is usually calculated on the basis of a full-time work week. Employees have the right to take annual leave at a time that is mutually agreed upon with their employer. Employers must grant annual leave requests unless the leave would unduly disrupt the business. Additionally, employees may be entitled to cash out unused annual leave under certain conditions, provided this is allowed by their modern award or enterprise agreement.
The Fair Work Act 2009 (Cth) provides for up to 12 months of unpaid parental leave for eligible employees, with an option to request an additional 12 months. This leave is available to parents who have worked for their employer for at least 12 months before the expected date of birth or adoption. During parental leave, employees are entitled to return to their pre-leave position or a comparable role. Parental leave does not affect other leave entitlements, such as annual or personal leave, which continue to accrue during the parental leave period.
The Fair Work Act 2009 (Cth) ensures fair and safe work conditions by incorporating obligations from other legislation, such as state and territory workplace health and safety (WHS) laws. Employers are required to provide a safe working environment, ensure employees are not exposed to risks of injury or illness, and comply with WHS standards. This includes conducting risk assessments, implementing safety procedures, and providing necessary training and equipment. Employers must also consult with employees on health and safety matters and address any concerns raised. The Fair Work Act’s provisions work in conjunction with WHS laws to promote a safe and healthy workplace.