Basic Employment Law

The Standard  The Standard is enforceable under the Workplace Relations Act  Employers must provide entitlements which are equal to or more favourable than the Standard.

The 5 Standard Entitlements 1. basic rates of pay 2. hours of work 3. annual leave 4. personal / carer’s and compassionate leave 5. unpaid parental leave.

1. Basic Rates of Pay As of October 1, 2008, wage rates are: - Minimum Wage: $14.31/hr or $531.78/week - Pay Scales: an increase of $0.57 per hour or $21.66/week for adult rates of pay *Based on 38 hour work week

1. Basic Rates of Pay Minimum Wage applies to employees who are:  with a disability  full-time and part-time  casual (who also get a 20 per cent casual loading)  piece rate workers. It does NOT apply to employees who are:  covered by a pay scale  junior employees  employees with a disability  working under a registered training scheme.

3.1 Minimum/Maximum Age NSW, NT, SA, TAS -14 years and 9 months, unless worker can provide written consent and demonstrate in interview that they are able to fulfill the required position VIC -15 years of age QLD -16 years of age. If years, must provide parental consent. *employees under 16 may only work 12 hours during a school week WA -15 years of age. Under 15 may only work between 6am-930pm ACT -school leaving age (15 years). Under 15 can work a maximum of 10 hours to week, and must obtain approval from Chief Executive of the Department of Housing, Disability and Community Services. Maximum: There is NO statutory required retirement age in Australia. Qualifying age is around

2. Hours of Work An employer can't require or request an employee to work:  more than 38 hours per week plus reasonable additional hours  an average of 38 hours per week in up to 12 months (if the employee and the employer agree in writing) plus reasonable additional hours.

3. Annual Leave (Vacation) An employee can get:  4 weeks for each 12 months.  5 weeks for some continuous shift workers for each 12 months. Note:  This doesn't apply to casuals.  People who work more than 38 hours per week can get 4 full weeks off work - but are only entitled to get paid for 4 x 38 hours. The remainder is without pay under the Standard.

3. Annual Leave (Vacation) How much is the employee paid?  The employer must pay annual leave at the employee's basic periodic rate of pay, at the time the leave is taken.  This means the rate of pay for a period worked. It doesn't include separate entitlements, such as incentive-based payments and bonuses, loadings, or monetary allowances.

3.1 Public Holidays 1 January (New Year’s Day) 26 January (Australia Day) Good Friday Easter Monday 25 April (Anzac Day) 25 December (Christmas Day) 26 December (Boxing Day)

4. Personal Leave Personal leave under the Australian Fair Pay and Conditions Standard (the Standard) includes:  paid sick leave: for all employees, but not casuals  paid carer's leave: for all employees, but not casuals  unpaid carer's leave: for all employees, including casuals  paid compassionate leave: for all employees, but not casuals.

4. Personal Leave Full-time and part-time employees are entitled to:  Paid sick and paid carer's leave = 10 days each year for employees who work a 38-hour week.  Unpaid carer's leave = 2 days per occasion (if paid leave has been used). A maximum of ten days of paid carer’s leave may be taken each year (regardless of an employee’s cumulative personal leave balance.  Paid compassionate leave = 2 days per occasion. *Casual employees are not entitled to paid personal leave, but are entitled to unpaid carer's leave. How much is the employee paid? How much is the employee paid?  The employer must pay personal leave at the employee's basic periodic rate of pay, at the time the leave is taken.  This means, rate of pay for a period worked. It doesn't include separate entitlements, such as incentive-based payments and bonuses, loadings, or monetary allowances.

5. Unpaid Parental Leave How much parental leave does an employee get?  To get parental leave, the employee must have worked for the employer for 12 months or more in either a full-time, part-time or casual position.  Note: Casuals are eligible for parental leave only if the employer has engaged them on a regular and systematic basis for 12 months or more. They must also reasonably expect to have continued working for the employer if they weren't having or adopting a child.

5. Unpaid Parental Leave Maternity leave  A minimum of 6 weeks leave immediately after the birth of their child if new mothers take maternity leave.  Up to 52 weeks unpaid leave if the primary caregiver. (Called 'ordinary maternity leave'.)  Note: There's also special maternity leave and help for mothers who can't do their usual job because of their pregnancy. Paternity leave  Up to 52 weeks unpaid leave if the primary caregiver. (Called 'long paternity leave'.)  Up to 1 week unpaid leave for fathers who aren't the primary caregiver. (Called 'short paternity leave'.) Adoption leave  Up to 52 weeks unpaid leave if the primary caregiver. (Called 'long adoption leave'.)  Up to 3 weeks continuous unpaid leave. (Called 'short adoption leave'.)  2 days unpaid leave to attend interviews or exams to adopt the child. (Called 'pre- adoption leave'.) This is unless the employer wants the adopting parent to take other leave they have available.

Equality  It's important employers consider the specific needs of their employees when creating a workplace agreement.  A term of a workplace agreement is void (not legal) if it discriminates against an employee on the basis of a physical or mental disability. This is considered 'prohibited content'.  It's not discriminatory to offer differing rates of pay for employees with a disability in a workplace agreement, as long as the rates of pay meet the Standard. The Australian Government believes that all Australians need to be able to play a full role in all aspects of Australian life. To be socially included, all Australians must be given the opportunity to:  secure a job;  access services;  connect with family, friends, work, personal interests and local community;  deal with personal crisis; and  have their voices heard.

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