Purpose:

This legislation aims to establish a balanced framework for cooperative and productive workplace relations, promoting national economic prosperity and social inclusion across Australia.

Objectives:

• Provide workplace relations laws that are fair to working Australians, promote job security and gender equality, are flexible for businesses, promote productivity and economic growth, and consider international labour obligations.
• Ensure a guaranteed safety net of fair, relevant, and enforceable minimum terms and conditions through the National Employment Standards, modern awards, and national minimum wage orders.
• Prevent the undermining of the guaranteed safety net by prohibiting statutory individual employment agreements.
• Ensure a safety net of fair and relevant minimum terms and conditions for regulated workers through enforceable minimum standards orders and related measures.
• Ensure a safety net of fair and relevant minimum terms and conditions for persons in a road transport contractual chain through enforceable road transport contractual chain orders and guidelines.
• Provide appropriate remedies in relation to unfair terms of services contracts.
• Assist employees in balancing work and family responsibilities by providing for flexible working arrangements.
• Enable fairness and representation at work and the prevention of discrimination by recognising freedom of association and the right to be represented, protecting against unfair treatment and discrimination, providing accessible and effective dispute resolution procedures, and establishing effective compliance mechanisms.
• Achieve productivity and fairness through an emphasis on enterprise-level collective bargaining, underpinned by good faith bargaining obligations and clear rules governing industrial action.
• Acknowledge the special circumstances of small and medium-sized businesses.

Key Provisions:

• National Employment Standards (NES): Sets minimum standards for maximum weekly hours, flexible working arrangements, casual employment, parental leave, annual leave, personal/carer’s leave, compassionate leave, paid family and domestic violence leave, community service leave, long service leave, public holidays, superannuation contributions, and notice of termination and redundancy pay.
• Modern Awards: Establishes minimum terms and conditions for specific industries or occupations, which can be ancillary or supplementary to the NES.
• Enterprise Agreements: Allows for agreements made at the enterprise level, providing terms and conditions for employees, which can also be ancillary or supplementary to the NES.
• General Workplace Protections: Protects workplace rights, freedom of association, involvement in lawful industrial activities, and provides protection from discrimination.
• Unfair Dismissal: Deals with unfair dismissal of national system employees and the granting of remedies.
• Industrial Action: Regulates industrial action by national system employees and employers, defining protected industrial action.
• Right of Entry: Outlines rights of officials of organisations holding entry permits to enter premises for representative roles.
• Regulated Workers (Digital Platform & Road Transport): Establishes minimum terms and conditions for certain regulated workers and addresses unfair termination and deactivation.
• Road Transport Contractual Chain: Sets out rights and responsibilities for persons in a road transport contractual chain through orders and guidelines.
• Compliance and Enforcement: Provides civil remedies for contraventions of the Act’s provisions.
• Administration: Establishes and defines the functions of the Fair Work Commission (FWC) and the Office of the Fair Work Ombudsman (FWO).
• Record Keeping and Payslips: Mandates requirements for employers to keep employee records and provide payslips.

Evidence of Compliance Requirements For Agricultural Organisations:

• National Employment Standards (NES) Compliance:
  • General Compliance: Employers must not contravene any provision of the National Employment Standards.
    • Action/Documentation: Maintain policies and procedures that align with all NES provisions. Ensure payroll, rostering, and HR practices reflect NES entitlements (e.g., maximum hours, leave accrual and usage, termination notice periods).
• Modern Award and Enterprise Agreement Compliance:
  • Adherence to Terms: Employers must not contravene any term of an applicable modern award or enterprise agreement.
    • Action/Documentation: Implement and adhere to the specific terms and conditions outlined in any modern award or enterprise agreement that covers the organisation’s employees. Keep accessible copies of all applicable awards and agreements.
• Maximum Weekly Hours (Section 62):
  • Reasonable Additional Hours: Employers must not request or require an employee to work more than the standard maximum weekly hours (38 for full-time, or lesser of 38 and usual hours for non-full-time) unless the additional hours are reasonable. Factors for reasonableness must be considered.
    • Action/Documentation: Maintain detailed timesheets and rostering records showing actual hours worked, including any additional hours. Document any discussions regarding reasonable additional hours and the factors considered (e.g., employee’s personal circumstances, operational needs).
• Flexible Working Arrangements (Sections 65, 65A, 76A):
  • Responding to Requests: Employers must provide a written response to a request for flexible working arrangements within 21 days. Refusals must be based on reasonable business grounds and include detailed reasons. Similar requirements apply for requests to extend unpaid parental leave.
    • Action/Documentation: Keep records of all employee requests for flexible work or parental leave extensions. Maintain written responses to these requests, clearly stating acceptance or detailed reasons for refusal, and including information on dispute resolution mechanisms. Document discussions held with employees regarding their requests.
• Casual Employment (Sections 66AAB, 66AAC):
  • Employee Notification Response: If a casual employee notifies the employer that they believe they no longer meet the casual definition, the employer must provide a written response within 21 days, after consulting the employee. Response must accept or not accept, with reasons.
    • Action/Documentation: Keep records of employee casual conversion notifications. Maintain written employer responses, indicating acceptance or non-acceptance with detailed, justifiable reasons (e.g., operational grounds, compliance with recruitment processes). Document consultation processes with employees.
• Parental Leave and Related Entitlements (Sections 74, 81, 81A, 82A, 83, 84, 84A):
  • Notice and Evidence: Employees must give written notice for parental leave and provide evidence (e.g., medical certificates for birth, evidence of placement for adoption) if required by the employer.
    • Action/Documentation: Keep records of all employee leave notices and any medical certificates or other evidence provided.
  • Safe Job/Leave for Pregnant Employees: If a pregnant employee provides medical evidence indicating it’s inadvisable to continue in their current role, the employer must transfer them to an appropriate safe job or provide paid/unpaid no safe job leave.
    • Action/Documentation: Maintain records of medical certificates from pregnant employees. Document any transfers to safe jobs, including new duties and pay. Keep payroll records for paid no safe job leave.
  • Consultation on Position Changes: Employers must take all reasonable steps to inform and consult with employees on unpaid parental leave about decisions that significantly affect their pre-parental leave position.
    • Action/Documentation: Maintain records of communications with employees on parental leave regarding significant changes to their role. Document evidence of providing information and opportunities for discussion.
  • Return to Work Guarantee: Employees are entitled to return to their pre-parental leave position or an equivalent available position.
    • Action/Documentation: Ensure a clear offer to return to the original or equivalent position is made in writing to employees returning from parental leave.
  • Replacement Employee Notification: Before engaging a replacement employee for someone on parental leave, the employer must notify the replacement that the engagement is temporary and inform them of the original employee’s return rights.
    • Action/Documentation: Provide written notifications to all replacement employees outlining the temporary nature of their role and the rights of the employee on leave.
• Annual Leave Payment (Section 90):
  • Payment on Leave/Termination: Employers must pay employees at their base rate of pay for ordinary hours when annual leave is taken. On termination, untaken accrued annual leave must be paid out.
    • Action/Documentation: Maintain comprehensive payroll records detailing annual leave payments and accurate calculations of untaken leave payouts upon employment termination.
• Cashing Out Leave (Sections 92, 93, 94, 100, 101):
  • Permitted Cashing Out: Paid annual leave and personal/carer’s leave can only be cashed out in accordance with specific terms in modern awards or enterprise agreements, or written agreements for award/agreement free employees. Strict conditions apply (e.g., minimum leave balance remaining, separate written agreement for each instance, payment of full forgone amount).
    • Action/Documentation: Keep signed written agreements for every instance of cashed out leave. Ensure payroll records reflect correct payment amounts and remaining leave balances. Develop and apply internal policies on cashing out leave.
• Personal/Carer’s and Compassionate Leave Notice and Evidence (Section 107):
  • Notice and Evidence: Employees must give notice of taking leave as soon as practicable and provide evidence (e.g., medical certificate) if required by the employer.
    • Action/Documentation: Maintain records of all employee leave notices and any supporting evidence provided.
• Paid Family and Domestic Violence Leave Confidentiality (Section 106C):
  • Confidentiality: Employers must take reasonable steps to ensure confidentiality of information concerning notice or evidence related to paid family and domestic violence leave. Information must not be used for other purposes without consent.
    • Action/Documentation: Implement a strict confidentiality policy and procedures for handling sensitive employee information, particularly related to family and domestic violence leave. Provide training to relevant staff on these procedures.
• Community Service Leave (Sections 108, 110, 111):
  • Notice and Evidence for Absence: Employees must provide notice and, if required, evidence for absence due to eligible community service activity.
    • Action/Documentation: Maintain records of employee notices and supporting documentation (e.g., jury summons, volunteer confirmation).
  • Jury Service Payment: For non-casual employees, payment at base rate of pay for ordinary hours for the first 10 days of jury service, less any jury service pay received.
    • Action/Documentation: Payroll records reflecting jury service payments and any deductions for jury service pay received by the employee.
• Superannuation Contributions (Section 116B):
  • Obligation to Contribute: Employers must make superannuation contributions to avoid liability to pay superannuation guarantee charge.
    • Action/Documentation: Maintain clear superannuation contribution records, including proof of payment to superannuation funds for each eligible employee, in accordance with Superannuation Guarantee legislation.
• Notice of Termination and Redundancy Pay (Sections 117, 119, 120, 121, 122):
  • Written Notice/Payment in Lieu: Employers must give written notice of termination or provide payment in lieu of notice. The minimum period of notice depends on the employee’s continuous service and age.
    • Action/Documentation: Issue formal written termination notices specifying the last day of employment. Ensure payroll records accurately reflect notice period payments or payment in lieu.
  • Redundancy Pay Entitlement: Provide redundancy pay for eligible employees whose employment is terminated due to operational reasons (not ordinary turnover) or insolvency/bankruptcy, calculated based on continuous service. Exemptions apply (e.g., small business employers, short service periods, industry-specific schemes).
    • Action/Documentation: Maintain records of redundancy pay calculations and payments. Document the reasons for termination (e.g., genuine redundancy).
• Fair Work Information Statement (FWIS) (Sections 124, 125):
  • Distribution to New Employees: Employers must give the FWIS to each new employee before, or as soon as practicable after, they start employment (not more than once every 12 months).
    • Action/Documentation: Maintain records of distributing the FWIS to new employees, e.g., signed acknowledgements or digital distribution logs.
• Casual Employment Information Statement (CEIS) (Sections 125A, 125B):
  • Distribution to Casual Employees: Employers must give the CEIS to casual employees before/as soon as practicable after starting employment, and again after 6 months of employment (unless a small business employer), and after every subsequent 12 months (unless a small business employer).
    • Action/Documentation: Maintain records of distributing the CEIS to casual employees at the specified intervals.
• Enterprise Agreement Pre-Approval Requirements (Section 180):
  • Disclosure of Benefits: If an employee organisation or employer is required to disclose benefits arising from an enterprise agreement, the employer must ensure employees are given or have access to copies of these disclosure documents a reasonable time before voting.
  • Explanation of Terms: Employers must take all reasonable steps to explain the terms and effect of the proposed enterprise agreement to employees before they vote, in an appropriate manner that considers their circumstances and needs (e.g., cultural/linguistic diversity, age, representation status).
    • Action/Documentation: Keep records of provided disclosure documents. Document efforts to explain agreement terms, such as records of information sessions, translated materials, or tailored explanations for diverse employee groups.
• Enterprise Agreement Mandatory Terms (Sections 202, 203, 204, 205, 205A):
  • Flexibility Terms: Enterprise agreements must include a flexibility term for individual flexibility arrangements (IFAs). IFAs must be genuinely agreed, result in the employee being better off overall, be in writing, signed by employee and employer (and parent/guardian if under 18), and a copy given to the employee within 14 days.
    • Action/Documentation: Ensure the enterprise agreement contains a compliant flexibility term. Maintain signed, written copies of all IFAs, with clear details on their effect and termination clauses. Ensure records of better-off-overall assessments for IFAs are kept.
  • Consultation Terms: Enterprise agreements must include a consultation term requiring consultation on major workplace changes or changes to regular rosters/hours. The term must require providing information, inviting views, and considering views.
    • Action/Documentation: Ensure the enterprise agreement contains a compliant consultation term. Maintain records of consultation processes, including information provided, employee feedback, and how feedback was considered.
  • Delegates’ Rights Term: Enterprise agreements must include a delegates’ rights term for workplace delegates.
    • Action/Documentation: Ensure the enterprise agreement includes a compliant delegates’ rights term.
• Base Rate of Pay under Enterprise Agreements (Section 206):
  • Minimum Pay Rate: The base rate of pay under an enterprise agreement must not be less than the relevant modern award rate or national minimum wage order rate.
    • Action/Documentation: Regularly review and audit payroll to ensure all employees covered by an enterprise agreement are paid at or above the minimum rates required by the agreement, modern award, or national minimum wage order.
• Employee Records (Section 535):
  • Record Keeping: Employers must make and keep employee records as prescribed by regulations (e.g., personal details, employment status, hours worked, pay rates, leave entitlements, superannuation contributions, termination details) in a specific form and ensure they are readily accessible.
    • Time Frame: Records must be kept for 7 years after the last entry in the record.
    • Action/Documentation: Establish and maintain a comprehensive record-keeping system for all employee records, adhering to prescribed formats and retention periods. Ensure records are secure and accessible to authorised personnel.
• Payslips (Section 536):
  • Issuance and Content: Employers must give payslips to employees within 1 working day of payment. Payslips must contain prescribed information.
    • Time Frame: Within 1 working day of payment.
    • Action/Documentation: Implement a reliable system for generating and distributing payslips that meet all statutory requirements for content and timeliness.

Metadata Keywords:

Fair Work, Employment Standards, Modern Awards, Enterprise Agreements, Industrial Relations, Workplace Law, Employee Rights, Employer Obligations, Australia, Agriculture

Publication Information:

Publication date: 26 February 2025 (Compilation Date). Original Act: No. 28, 2009. Latest Amendment Included: Act No. 2, 2024. Version: Compilation No. 67.

Agricultural Industry Alignment:

Beef & Veal, Chicken, Pig, Sheep Meat.

Date Added to database:

This document was parsed and added to the database on 25-07-2025

URL:

https://www.legislation.gov.au/C2009A00028/2025-02-26/2025-02-26/text/original/pdf/1 →