Basic minimum conditions
All employees covered by the FW Act are entitled to a set of minimum conditions of employment, known as the "National Employment Standards".
These include:
- a maximum of 38 ordinary hours per week plus “reasonable additional hours”
- four weeks of paid annual leave per year (while an employee classified as a shift worker is entitled to five weeks’ paid annual leave per year)
- 10 days of paid personal/carer’s leave (including sick leave) per year, together with an additional two days of unpaid carer’s leave and a further two days of paid compassionate leave
- 10 days of paid family and domestic violence leave, if the employee is experience family and domestic violence and needs to do something to deal with the impact of the violence, and it is impractical to take that action outside of work hours
- 52 weeks of unpaid parental leave for both parents at the time of birth or adoption of a child, if the employee has completed 12 months of service, with the option to request an additional 52 weeks
- the ability to request flexible working arrangements if the employee is pregnant, a parent, a carer (for an individual with a disability, medical condition, mental illness or is frail and aged), has a disability, is 55 or older, is experience family or domestic violence, or the employee provides care and support to a member of the employee's immediate family who is experience family and domestic violence.
- an entitlement for casual employees to be offered to "convert" from casual employment to permanent employment, subject to certain minimum requirements being met (such as 12 months of service)
- long service leave based on relevant federal or state law which varies from state to state, but ranges between an entitlement to 6 to 13 weeks of leave subject to between 7 to 10 years of continuous service
- unpaid community service leave of a reasonable period for an employee engaged in an “eligible community service activity” such as jury service or voluntary emergency management
- redundancy pay where termination of employment is for redundancy and the employee has at least 12 months’ continuous service
- an entitlement to be absent from work on public holidays, subject to qualification such as an employer making an reasonable request and an employee making an unreasonable refusal to work
Basic rates of pay, loadings, penalty rates and other entitlements are set by the national minimum wage order and modern awards.