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Ref: https://www.fairwork.gov.au/ending-employment/redundancy

Redundancy happens when an employer either:

doesn't need an employee’s job to be done by anyone, or

becomes insolvent or bankrupt.

Redundancy can happen when the business:

introduces new technology (eg. the job can be done by a machine)

slows down due to lower sales or production

closes down

relocates interstate or overseas

restructures or reorganises because a merger or takeover happens.

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How to request flexible working arrangements?

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How to request flexible working arrangements?

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be in writing

explain what changes are being asked for

explain the reasons for the request.

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Notice and Redundancy CalculatorThe Notice and Redundancy Calculator calculates entitlements when employment ends, including:notice to be given (by employer or employee)redundancy pay

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Notice and Redundancy CalculatorThe Notice and Redundancy Calculator calculates entitlements when employment ends, including:notice to be given (by employer or employee)redundancy pay

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Do public holidays come out of annual leave?

This payment does not always include leave loading. If during the period that an employee is taking annual leave a public holiday occurs, then the employee is to be paid for this public holiday and is not to be paid annual leave for this day. ... Casual workers are not entitled to annual leave.

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1. Sick leaves
2. Special maternity leave

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hours of work (eg. changes to start and finish times)

patterns of work (eg. split shifts or job sharing)

locations of work (eg. working from home).

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An employee can refuse to work overtime, if the request is unreasonable. 

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An employee can refuse to work overtime, if the request is unreasonable. 

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76 hours can be managed fortnightly. for example 55 in one week and second week it can be 21. so fortnightly you have to manage 76 hours.  

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76 hours can be managed fortnightly. for example 55 in one week and second week it can be 21. so fortnightly you have to manage 76 hours.  

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Are public holidays paid when on leave without pay?

As with unpaid parental leave, an employee absent on leave without pay is not in the employer's service for the purposes of the Fair Work Act. This means that the employee has no entitlements to a public holiday that occurs during leave without pay.

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https://www.fairwork.gov.au/leave/maternity-and-parental-leave/taking-parental-leave

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Contact usFair Work Online: www.fairwork.gov.auFair Work Infoline: 13 13 94

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Contact usFair Work Online: www.fairwork.gov.auFair Work Infoline: 13 13 94

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Do casual employees get paid for public holidays?

Casual workers are entitled to some, but not all, of the benefits given to permanent workers. Casual employees don't get paid holiday leave or sick leave but theyare entitled to a higher rate of pay (casual loading), parental leave and, under the new Fair Work laws, casuals are protected from being sacked unfairly.

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Working on public holidays

Employees get paid at least their base pay rate for all hours worked on a public holiday.

Awards, enterprise agreements and other registered agreements can provide entitlements for working public holidays, including:

extra pay (eg. public holiday rates)

an extra day off or extra annual leave

minimum shift lengths on public holidays

agreeing to substitute a public holiday for another day.

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Do you get paid for public holidays while on maternity leave?

No, if you're taking your maternity leave in a continuous period, you aren't entitled to additional pay for public holidays. However, If you are on unpaid maternity leave, you are entitled to paid public holiday during this period.

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1.provide notice 10 weeks before date of expected.
2. leave starts 6 weeks before and ends within 12 months.
3. if non- pregnant wants to take leave. it starts on day of birth of child.
4.if both couple wants to take leave they can take 24 months between them and seperate but single continuous period

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All employees (including casual employees) are entitled to compassionate leave
Compassionate leave can be taken when a member of an employee's immediate family or household:

dies or

contracts or develops a life-threatening illness or injury.

Immediate family is an employee's:

spouse or former spouse

de facto partner or former de facto partner

child

parent

grandparent

grandchild

sibling, or a

child, parent, grandparent, grandchild or sibling of the employee's spouse or de facto partner (or former spouse or de facto partne

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Compassionate leave can be taken when a member of an employee's immediate family or household:

dies or

contracts or develops a life-threatening illness or injury.

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Most employees' entitlement to long service leave comes from long service leave laws in each state or territory. These laws set out: (1) how long an employee has to be working to get long service leave (eg. after 7 years)(2) how much long service leave the employee gets.

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Most employees' entitlement to long service leave comes from long service leave laws in each state or territory. These laws set out: (1) how long an employee has to be working to get long service leave (eg. after 7 years)(2) how much long service leave the employee gets.

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For example: NSW

Long service leave

Long service leave applies to most NSW employees who are full-time, part-time or casuals.

If you have been working for the same employer for 10 years you are entitled to 2 months (8.67 weeks) paid leave, to be paid at your ordinary gross weekly wage under the NSW Long Service Leave Act 1955 (the Act).

To calculate the entitlement of a worker try our Long service leave calculator.

The Act also provides for a pro-rata entitlement after five years, if the employee resigns as a result of:

illness,

incapacity or

domestic or other pressing necessity.

If an employee resigns for one of the above reasons they need to advise the employer in writing at the time of giving notice.

The Act also provides for a pro-rata entitlement after five years, if an employee’s services have been terminated by the employer for any reason other than serious and wilful misconduct, or if the employee dies.

If an employee ceases employment before 5 years service there is no entitlement for long service leave.

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An employee can take paid sick leave when they can't work because of a personal illness or injury. This can include stress and pregnancy related illnesses.An employee can take paid carer's leave to care for or support a member of their immediate family or household who is sick, injured or has an unexpected emergency.

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An employee can take paid sick leave when they can't work because of a personal illness or injury. This can include stress and pregnancy related illnesses.An employee can take paid carer's leave to care for or support a member of their immediate family or household who is sick, injured or has an unexpected emergency.

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Who can request flexible working arrangements?

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Who can request flexible working arrangements?

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are the parent, or have responsibility for the care, of a child who is school aged or younger

are a carer (under the Carer Recognition Act 2010)

have a disability

are 55 or older

are experiencing family or domestic violence, or

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-working for the same employer regularly and systematically for at least 12 months

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Australian Government Paid Parental Leave Scheme

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Australian Government Paid Parental Leave Scheme

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1.primary carer: up to 18 weeks' leave paid at the national minimum wage.
Eligible working dads and partners (including same-sex partners) get 2 weeks leave paid at the national minimum wage.

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- Differs in different states and territories.
- An employee is entitled to public holidays depending on where they are based for work not where they are working on the day of the public holiday.

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All employees (except for casual employees) get paid annual leave.
Annual leave allows an employee to be paid while having time off from work

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Find out if you're eligible to make a request for flexible working arrangements.

There are rules about how to make a request and how employers need to respond.

Summary

Some employees can request flexible working arrangements. Employees need to have worked for the same employer for at least 12 months.

Examples of flexible working arrangements include changes to:

hours of work - for example, changes to start and finish times

patterns of work - for example, split shifts or job sharing

locations of work - for example, working from home.

Employees need to follow certain rules when requesting flexible working arrangements.

Employers need to follow certain rules when responding to these requests.

If a dispute about these requests can't be resolved at the workplace, the Fair Work Commission (the Commission) can help.

Video: Flexible working arrangements

Watch our short video to learn about:

who can request flexible working arrangements

how to make a request

how employers must respond to a request.

Who can request flexible working arrangements

Full-time and part-time employees can request flexible work arrangements if they've worked with the same employer for at least 12 months and they:

Casual employees

Casual employees can request flexible work arrangements if:

they meet one of the above criteria (such as being a person with disability, being a carer or pregnant)

they've been working for the same employer regularly and systematically for at least 12 months

there's a reasonable expectation of continuing work with the employer on a regular and systematic basis.

Example: Care for a school-aged child

Greg has been working full-time for his employer for over a year. He wants to start work at 10 am instead of 9 am so he can take his son to pre-school. He can request flexible working arrangements to help him care for his son.

Example: Employee with a disability

Ainesh is a lawyer working part-time. He has been working at his law firm for 1.5 years.

Ainesh has a disability. He experiences movement problems and muscle spasms.

Ainesh talks to his employer, Melinda, about requesting flexible working arrangements. This request is to allow him more time to take breaks when he needs them and alter his start and finish times.

Ainesh can request flexible working arrangements because he:

is a person with a disability

has been working with the same employer for more than a year.

Example: Employee is 55 or older

Shirley is 55 years old and works part-time, 2 days per week. Shirley is experiencing a range of menopausal symptoms that are affecting her ability to work long days. She wants to change her start and finish times, so that she can work the same number of hours over 3 days instead of 2 days.

She can request flexible working arrangements because she:

is 55 years or older

has been working with the same employer for more than a year.

Example: Employee is 55 or older

Hassan is 63 years old and works full-time, Monday to Friday. He has been with his employer for 5 years.

Hassan is planning to retire soon. When he retires, he wants to be actively involved in local community groups in his area for older people.

He wants to work from home 3 days a week to attend lunchtime meetings with group members so that he can build relationships and networks with local community groups before he retires.

Hassan can request flexible working arrangements because he:

is 55 years or older

has been working with the same employer for more than a year.

Example: Pregnant casual employee

Riley is a casual employee who has been working for the same employer regularly and systematically for over a year. She wants to start later on Wednesday mornings to attend regular medical appointments during her pregnancy.

Riley can request these flexible working arrangements because:

she's pregnant

there's a reasonable expectation of her continuing work with her employer on a regular and systematic basis.

Example: Immediate family member experiencing family and domestic violence

Sonja works part-time and wants to work from home every Friday to support her sister, Marta, with legal appointments. Marta has been experiencing family and domestic violence from an ex-partner.

Sonja can request flexible working arrangements because she:

has been working for the same employer for more than a year

is providing support and care to an immediately family member experiencing family and domestic violence.

How employees can request flexible working arrangements

Requests for flexible working arrangements have to:

be in writing

explain what changes are being asked for

explain the reasons for the requested change.

Employees can use our free templates and sample letters to prepare a written request. See Request for flexible working arrangements - Example letters.

What employers should do with a request

Responding to a request

Employers who get a request from an employee for flexible working arrangements need, to respond in writing within 21 days.

The response has to include whether the request is approved or refused. There are rules for refusing a request - see below for details.

Employers and employees can agree to working arrangements that are different from what the employee had originally requested. Where this happens, the employer needs to confirm the agreed changes in writing within 21 days of getting the employee's request.

Refusing a request

An employer can only refuse a request on reasonable business grounds and if they have:

discussed the request with the employee and genuinely tried to reach an agreement on alternative arrangements to accommodate the employee's circumstances

considered the consequences for refusing the employee's request.

Reasonable business grounds

Reasonable business grounds can include:

the requested arrangements are too costly

other employees' working arrangements can't be changed to accommodate the request

it would be impractical to change other employees' working arrangements or hire new employees to accommodate the request

the request:

is likely to result in a significant loss in efficiency or productivity, or

would have a significant negative impact on customer service.

The employer's circumstances can be factored in when considering if the employer has reasonable business grounds for refusing a request. For example, the employer's size and nature of the business.

Writing a refusal response

When an employer refuses a request, the written response needs to include:

the reasons for the refusal including an explanation of the grounds for refusing and how they apply to the request

other changes the employer is willing to make or a statement that there aren't any changes to be made

information about getting help from the Fair Work Commission for disputes about flexible working arrangements.

Want to learn more about managing these requests? Take our free and short online training (under 25 minutes): Workplace flexibility online course.

Lodging a dispute with the Commission

If the employer and employee can't resolve a dispute about flexible working arrangements, they can apply to the Fair Work Commission (the Commission) for help.

The Commission can hear disputes about flexible working arrangement requests and make orders to resolve disputes. This includes if the employer:

refuses an employee's request

doesn't respond to a request within 21 days.

The Commission will usually attempt to resolve the dispute using conciliation or mediation first. This is a less formal process involving discussions between an employer and employee to resolve the dispute.

If there isn't a resolution, the Commission can arbitrate the dispute. This is a more formal process where employers and employees can present evidence and arguments. The Commission makes binding orders that employees and employers need to comply with.

Learn more about lodging a dispute and the process at Fair Work Commission - Flexible work and unpaid parental leave requests.

State and territory laws

If a state or territory law provides an employee with a better entitlement to flexible working arrangements, that law will continue to apply.

Supporting flexible working arrangements

Best practice employers have processes in place for making and considering requests for flexible working arrangements. They also have processes for supporting flexible working arrangements once approved.

Our best practice guide on flexible working arrangements includes information on:

how to develop workplace policies

giving managers and employees training and information

creating a supportive culture

investing in technology to support flexible working arrangements.

Read our Flexible working arrangements best practice guide.

Example: Employer responds to job share request from employee with disability

Rami has been working full-time for his employer for over a year. To help manage his disability, he wants to reduce his hours and work 3 days per week. Rami enjoys his current job and would like to share it with another part-time employee, who will work 2 days a week.

Rami can request flexible working arrangements because:

he is a person with disability

he has worked with his employer for more than a year.

He speaks to his employer about job sharing and then sends an email to his employer that explains in writing what changes he is requesting and why.

Rami's employer, Jane, responds in writing 2 days later to approve the request.

Jane meets with Rami to discuss whether Rami and the other employee would split up the duties of the role or share them. They also discuss how they will advertise for the new part-time role.

Once the new employee, Eliza, is hired, Jane meets with Rami and Eliza to discuss performance plans and how they will hand over work to each other.

Jane commits to regular meetings with Rami and Eliza to talk about their job sharing arrangement.

Source reference: Fair Work Act 2009 s.65-66

Tools and resources

Related information

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Find out if you're eligible to make a request for flexible working arrangements. There are rules about how to make a request and how employers need to respond.

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maternity leave
paternity and partner leave
adoption leave
special maternity leave
a safe job and no safe job leave
a right to return to old job.

# data[].attributes.headline
 Notice of termination and redundancy pay

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 Notice of termination and redundancy pay

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up to 4 weeks' notice of termination (plus an extra week for employees over 45 years of age who have been in the job for at least 2 years)

up to 16 weeks' severance pay on redHundancy,

both based on length of service.

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Ref: https://www.fairwork.gov.au/leave/public-holidays/not-working-on-public-holidays

Employees (except casual employees) who normally work on the day a public holiday falls will be paid their base pay rate for the ordinary hours they would have worked if they had not been away because of the public holiday.

The base pay rate doesn’t include:

any incentive-based payments

bonuses

loadings

monetary allowances

overtime or

penalty rates.

An employee's roster can't be changed to deliberately avoid this payment.

For part-time jobs, when employees need to work on days when public holidays fall, they should get paid on base rate. Otherwise, they could get no paid if their working calendar doesn't consist of those public holidays.

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Employers have to give every new employee a copy of the Fair Work Information Statement (the Statement) before, or as soon as possible after, they start their new job.The Statement provides new employees with information about their conditions of employment.The Statement has information on:the National Employment Standardsright to request flexible working arrangementsmodern awardsmaking agreements under the Fair Work Act 2009individual flexibility arrangementsfreedom of association and workplace rights (general protections)termination of employmentright of entrythe role of the Fair Work Ombudsman and the Fair Work Commission.Providing the StatementThe Statement can be given to new employees:in personby mailby emailby emailing a link to our websiteby fax.

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Employers have to give every new employee a copy of the Fair Work Information Statement (the Statement) before, or as soon as possible after, they start their new job.The Statement provides new employees with information about their conditions of employment.The Statement has information on:the National Employment Standardsright to request flexible working arrangementsmodern awardsmaking agreements under the Fair Work Act 2009individual flexibility arrangementsfreedom of association and workplace rights (general protections)termination of employmentright of entrythe role of the Fair Work Ombudsman and the Fair Work Commission.Providing the StatementThe Statement can be given to new employees:in personby mailby emailby emailing a link to our websiteby fax.

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all employees who have been forking uder employeer for over 12 month of the period are eligible to get unpaid leave

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Employees can take community service leave for certain activities such as:voluntary emergency management activities and jury duty 

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Employees can take community service leave for certain activities such as:voluntary emergency management activities and jury duty 

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No limit on amount of leave
Unpaid (except jury's duty)