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In 2009, The Australian government passed a law which is known as ‘The Fair Work Act’ for most of the private workplaces of Australia. The motive of the Rudd government behind introducing this law was to set minimum standards and regulations for private workplaces across Australia. Every employer and employee in Australia must be familiar with this law.

The Fair Work Act (2009) came into existence after the abolishment of the Workchoices law (2005). This law governs every aspect of Australian employment. This law is intended to improve the relationship between employees and employers. All their rights and responsibilities are mentioned in this law. A clear understanding of everyone's rights and responsibilities helps in increasing the transparency in the methodology of the workplace. It eventually enhances productivity and boosts the prosperity of the national economy. The Fair Work Act also ensures the safety of workers and gives guidelines for precautions. Apart from all these things, this law has made various standards for many different aspects of the workplace.

National Employment Standards (NES) point out some minimum standards for employees of every industry who come under the Fair Work Act. Employees must follow these standards.

Maximum weekly working hour- An employer cannot ask or order the employee to work for more than thirty-eight hours in a week if the extra working hour is not reasonable.

Right for flexible working arrangements request- An employee has the option to request for the change in working conditions in the following situations:-

  • If he/she is a parent and responsible for taking care of a child
  • If he/she has any type of disability
  • If he/she is a carer of his/her immediate family member
  • If his/her age is fifty-five or above
  • If he/she is experiencing domestic violence
  • If one of his/her family members is experiencing domestic violence from his/her other family member

Parental leave and entitlements related to it- The worker who has served the company for a minimum of twelve months continuously can seek this leave. This leave is not valid for casual employees.

Annual leave- An employee can seek the paid annual leave of four weeks to five weeks in return for every year of service. The period of this leave is decided by the mutual agreement between the employee and employer. An employer cannot reject the request for paid annual leave unreasonably. Casual employees are not eligible for paid annual leave. There are some criteria for five weeks leave:-

  • Only the employee with the modern award is eligible for five weeks of annual leave
  • The employee who is eligible for 'shift worker annual leave' can also avail five weeks of annual leave

Leave for personal matters and compassionate leave- The paid leave for personal matters applies to employees other than non-regular employees. It is the right of workers to get ten days of leave without any pay cut for each year of service. He/she can take this leave in the following situations:-

  • If the worker is suffering from personal illness or injury and is not fit for work
  • If an emergency arises that is affecting the employee
  • If any immediate family member of an employee is suffering from illness or injury and needs the care

Community service leaves- An employee can be absent from the employment if he/she engages in an eligible community activity service. The employee must give the notice of absence before and evidence.

Public holidays- An employee can be absent on public holidays but the company can request them to be present at the workplace on a public holiday if it is necessary.

Leave after serving for a long period, termination notice, and redundancy wage are the other aspects that come under National Employment Standards.

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