On 1 January 2010, the most significant parts of the Fair Work Act comes into operation — commonly known as “the Safety Net for Minimum Employment Standards” — being the National Employment Standards and Modern Awards. The Safety Net will ensure that employees have protected leave entitlements (including termination benefits) and will receive a guaranteed minimum wage.

National Employment Standards

The National Employment Standards (“NES”) are not significantly different from the Australian Fair Pay and Conditions Standards (“AFPCS”) — which set minimum wage and leave entitlements — introduced in March 2006, as part of the Workchoices reforms to the Workplace Relations Act 1996 (“WRA”). The WRA has been totally replaced by the Fair Work Act 2009, as and from 1 July 2009 (with some exceptions).

The biggest change to the leave entitlements is the right to an additional 52 weeks of maternity leave in certain circumstances, the introduction of flexible working arrangements for qualifying employees, and community service leave for specific activities.

For more information, visit:

Fair Work Act: http://www.fairwork.gov.au/Pay-leave-and-conditions/Conditions-of-employment/Documents/Fair-Work-Information-Statement.pdf

Modern Awards http://www.fwa.gov.au/index.cfm?pagename=awardsfind