Employees and employers need to know their workplace rights and obligations. This helps answer questions, prevent and resolve issues about workplace entitlements and avoid disputes and penalties.
Employers
Employers need to know their rights and obligations in their workplace. This includes knowing the correct award that applies to their employees and relevant minimum pay rates, including penalty rates and overtime.
Most problems in the workplace happen when there is lack of awareness about workplace entitlements.
Being informed helps to maintain a harmonious work environment with more engaged and productive employees. Getting pay and entitlements right also means employers can avoid serious penalties.
Minimum entitlements
The National Employment Standards (NES) are the minimum employment entitlements that apply to most employees.
The NES and the National Minimum Wage make up the minimum entitlements for most employees in Australia.
The Fair Work Information Statement (FWIS) contains information about the NES and other minimum entitlements. The FWIS has to be provided to all new employees by their employer.
Award coverage
Awards are legal documents that set out the minimum pay rates and conditions of employment. There are more than 100 awards that cover most people who work in Australia, based on the industry or occupation.
Knowing which award applies helps make sure employees get their correct entitlements.
Not covered by an award
Minimum employment conditions can also be set out in an enterprise agreement or other registered agreement. When an agreement is in place the award does not apply, however, the NES will still apply and minimum pay rates can’t be less than the award.
You can find enterprise agreements and other registered agreements on the Fair Work Commission website.
In some instances, an employee may be award or agreement free.
Minimum pay rates
Minimum pay rates are set out in awards. An employer can choose to pay an employee more than the award rate but can’t pay less.
You can use a Pay and Conditions Tool to work out wages under the awards, including penalty rates, overtime, and allowances.
An employer may also choose to pay an employee an annualised salary. This has to still cover all minimum requirements provided by the relevant award.
All awards and registered agreements include an individual flexibility arrangement (IFA) clause that allow an employer and current employee to agree to change certain provisions of their award or registered agreement.
Pay slips and record keeping
Employers have to provide pay slips and keep accurate and complete records about pay, hours of work and other employment details.
Leave
Our Leave page has information about leave entitlements as well as popular topics including requesting annual leave and giving evidence for sick/carer’s leave.
Long service leave entitlements vary depending on the state the employee is based in. In some cases, employees will be covered by an older award or registered agreement that may have specific rules about their long service leave entitlements. For more information and details about who to contact, visit our Long service leave page.
Other entitlements
Entitlements like breaks and allowances are different depending on the award or agreement that applies.
Stay up to date with workplace law changes
It’s important to stay up to date with changes to workplace laws. Knowing which pay rates and entitlements apply to you or your employees is one of the easiest ways to prevent problems from happening.
Minimum pay rates are reviewed and usually change once a year. The Fair Work Commission can vary awards at any time.
Editor note:
This information has been provided from the Fair Work Ombudsman. Click here for more information – https://www.fairwork.gov.au/workplace-problems/preventing-workplace-problems/know-your-rights-and-obligations#employers
