The main features of the Federal Workplace Relations system:
Minimum Entitlements
Employers in the Federal System should be aware that legislation prescribes minimum employment conditions in the following areas:
- Minimum wages;
- Notice on termination;
- Hours of Work;
- Annual leave;
- Personal/Carer's leave;
- Parental Leave;
- Compassionate leave;
- Public Holidays;
- Casual loadings;
- Redundancy Pay (from 1 January 2010);
- Flexible working arrangements (from 1 January 2010); and
- Community service leave.
Employers in the Federal System must provide eligible employees with the above entitlements as prescribed by legislation to ensure compliance.
Further information on the minimum legislative entitlements can be obtained from a workplace relations lawyer.
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Types of workplace agreements Under the Federal System, there are a number of statutory employment agreements available which employers can use to regulate terms and conditions of employment, these include:
- Individual Transitional Employment Agreements (ITEAs) (available until 31 December 2009)
- Enterprise agreements
- Individual Flexibility Agreements for Award covered employees
- Individual Flexibility Agreements for Enterprise Agreement covered employees
- Greenfield Enterprise agreements
- Multiple-business Enterprise agreements.
Until 27 March 2008 Australian Workplace Agreements (AWAs) were also available. These have been replaced by ITEAs, which can be made up until 31 December 2009;
'Enterprise' agreements are those made by an employer with at least one of its employees.
'Greenfield' agreements are Enterprise agreements that are made for a new business which has not yet commenced employing relevant employees.
Industrial action and Right of Entry
Federal workplace legislation also sets out the rights and obligations of employers and employees with respect to Industrial action and Right of Entry. Given the complexities of these areas, it is recommended that you seek specific advice if required.
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