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www.fairwork.gov.au/PACT The Fair Work Ombudsman is an independent statutory office. Our jurisdiction is set out in the Fair Work Act and our services are free to all workers and employers in Australia. Our main role is to: *promote harmonious, productive and cooperative workplace relations *ensure compliance with Australian workplace laws *monitor certain 457 subclass visa arrangements.

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when someone is dismissed from their work in harsh, unreasonable and unjust manner.

Minimum employment period

Employees have to be employed for at least 6 months before they can apply for unfair dismissal.

Employees working for a small business have to be employed for at least 12 months before they can apply.

If there was a change of business ownership, service with the first employer may count as service with the second employer when calculating the minimum employment period.

(source: www.fairwork.gov.au)

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Losing Your Job: 9. Examples of dismissal

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This video explains certain pay entitlements and other entitlements your employer may have to give you if you lose your job. It also explains some of the different types of claims available if your dismissal was unfair, or taken for a reason which is not allowed by law.

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The organisation has to dismiss their employees due to unprofitable trading or inadequate financial resource. In this case, the employee can get help from Fair Entitlements Guarantee (FEG).
The eligibility includes:

wages – up to 13 weeks of unpaid wages (capped at the FEG maximum weekly wage)

annual leave

long service leave

payment in lieu of notice of termination – maximum of 5 weeks

redundancy pay – up to 4 weeks per full year of service.

But excludes:

superannuation

reimbursement payments

one-off or irregular payments

bonus payments

non-ongoing or irregular commissions.

(source: www.fairwork.gov.au

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A notice period is the length of time that an employee or employer has to give to end employment.

The employer is expected to give the employee a written notice of ending employment

How:

delivering it personally

leaving it at the employee’s last known address, or

sending it by pre-paid post to the employee’s last known address.

(Employee who resigns does not necessarily give notice in writing but can be verbally

Notice can be paid out instead of worked or can be combination of both

Notice during probation periods
If an employee’s employment is ended while they’re on probation, they still have to get or be paid out notice based on their length of service.

Serious misconduct
The employment is terminated due to serious misconduct such as theft, fraud, assault, or refusing to carry out a lawful and reasonable instruction. The notice of termination is not required in this case but the employer still has to pay out all outstanding entitlements during worked period.

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When the employee is no longer required for the job due to skill/experience, job obsolete, company bankruptcy/insolvency.

When an employee's dismissal is a genuine redundancy the employee isn't able to make an unfair dismissal claim.

Consulting with employees about major workplace changes

The consultation is set out for employer needs to do when changes are made to the business that could results in the redundancies.

- Notifying employee affected by the proposed change
- providing the information to employee on the change and its effects
- Discussing solution and minimising the negative effect
- Considering employee's idea and suggestion about the change.
(source: www.fairwork.gov.au)

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Joydeep Hor, leading Australian workplace lawyer and Managing Principal of People + Culture Strategies, talks to Sky Business about the legal issues surrounding redundancy, including the choice of selection criteria. This is provided in the context of Toyota Australia's recent redundancy announcement.

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The minimum pay rates and conditions of employment.

It depends on:
1.  industry
2. work type
3. exclusion: agreement

Accountant Yearly  Weekly
Level 1 | $38,4 18 | 738.80
Telecommunications Trainee | 742.30
Telecommunications Technical Employee | 809.10
Telecommunications Technician | 859.00

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https://www.fwc.gov.au/documents/sites/wagereview2017/decisions/c20171-order.pdf

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wage rates, employment conditions (eg hours of work, meal breaks, overtime), a consultation process, dispute resolution procedures, deductions from wages for any purpose authorised by an employee.
Enterprise agreements cannot include unlawful content (such as discriminatory or objectionable terms).
(Source: https://www.fwc.gov.au/awards-and-agreements
Step by step:
https://www.fwc.gov.au/documents/documents/factsheets/agreements-step-by-step-guide.pdf

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MATERNITY & PARENTAL LEAVE

*maternity leave
*paternity and partners leave
*adoption leave
*special matrernity leave

What is parental leave?

Parental leave is leave that can be taken when:

an employee gives birth

Who is eligible for parental leave?

All employees in Australia are entitled to parental leave.

Employees are able to take parental leave if they:

have worked for their employer for at least 12 months:

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https://www.fairwork.gov.au/ArticleDocuments/712/guide-to-hiring-new-employees.pdf.aspx

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http://www.imb.com.au/themoneytree/earning-an-income/different-types-of-employment.html

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Public holidays can be different depending on the state or territory you work in.

It's important to know when public holidays are because employees can get different entitlements on these days.

Sunday 1 January - New Year's Day

Monday 2 January - Additional Day*

Thursday 26 January - Australia Day

Monday 13 March - Labour Day

Friday 14 April - Good Friday

Saturday 15 April - Easter Saturday

Sunday 16 April - Easter Sunday

Monday 17 April - Easter Monday

Tuesday 25 April - ANZAC Day

Monday 12 June - Queen's Birthday

Friday 29 September - Friday before AFL Grand Final

Tuesday 7 November - Melbourne Cup**

Monday 25 December - Christmas Day

Tuesday 26 December - Boxing Day

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*Four weeks paid leave
*Additional week for certain shift workers

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Sick and carer's leave

Sick and carer's leave lets an employee take time off to help them deal with per

1. Paid sick and carer's leave
2. Unpaid carer's leave
3. Long periods of sick leave

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Welcome to the Fair Work Ombudsman website

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Find information on sick and carer's leave - who can take it, how it's paid and who an immediate family member is.

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Maximum weekly hours

An employee can work a maximum of 38 ordinary hours in a week.

Spread of hours

The time of the day ordinary hours are worked is called the spread of hours (eg. between 7am - 7pm). Time worked outside the spread of ordinary hours can attract overtime rates.

Overtime is when an employee works extra time. It can include work done:

beyond their ordinary hours of work

outside the agreed number of hours

outside the spread of ordinary hours.

The spread of hours is the times of the day ordinary hours can be worked (eg. between 7am - 7pm).

When overtime rates apply

An award, enterprise agreement or other registered agreement will set out when overtime rates apply.

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The National Employment Standards (NES) are 10 minimum employment entitlements that have to be provided to all employees.

The national minimum wage and the NES make up the minimum entitlements for employees in Australia. An award, employment contract, enterprise agreement or other registered agreement can't provide for conditions that are less than the national minimum wage or the NES. They can’t exclude the NES.

The 10 minimum entitlements of the NES are:

Maximum weekly hours

Requests for flexible working arrangements

Parental leave and related entitlements

Annual leave

Personal carers leave and compassionate leave

Community service leave

Long service leave

Public holidays

Notice of termination and redundancy pay

Fair Work Information Statement

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*A paid day off on a public holiday but anyone can choose to work if there is a reasonable reason and is paid accordingly.
*Public Holiday might vary depending on states

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As part of their job, employees may be required to:

wear uniforms

drive vehicles and/or

travel to other locations.

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Compassionate and Bereavement Leave.
1. The Leave taken when employees family member or household dies.
Eg. Spouse , child, parents and grand parents
2.Entitled 2 days leave each time someone on the family dies.
3. Can be take continuous 2 days or separately .
4. Paid leave for full time and part times where as unpaid  for casual.
5. Submit required evidence and notifying manager prior tasking leave.

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All employees (including casual employees) are entitled to compassionate leave (also known as bereavement 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 partner).

This definition includes step-relations (eg. step-parents and step-children) as well as adoptive relations.

Employees will be able to take compassionate leave for other relatives (eg. cousins, aunts and uncles) if they are a member of the employee's household, or if the employer agrees to this.

Amount of compassionate leave

All employees are entitled to 2 days compassionate leave each time an immediate family or household member dies or suffers a life threatening illness or injury.

The compassionate leave can be taken as:

a single continuous 2 day period, or

2 separate periods of 1 day each, or

any separate periods the employee and the employer agree.

An employee does not accumulate compassionate leave and it doesn't come out of their sick and carer's leave (or annual leave) balance. It can be taken any time an employee needs it.

If an employee is already on another type of leave (eg. annual leave) and needs to take compassionate leave, the employee can use compassionate leave instead of the other leave.

Payment for compassionate leave

Full-time and part-time employees receive paid compassionate leave and casual employees receive unpaid compassionate leave.

Full-time and part-time employees are paid at their base pay rate for the ordinary hours they would have worked during the leave.

This doesn't include separate entitlements such as incentive-based payments and bonuses, loadings, monetary allowances, overtime or penalty rates.

Compassionate leave can't be cashed out.

Notice and evidence

An employee taking compassionate leave must give their employer notice as soon as they can (this may be after the leave has started). The employee must tell the employer of the period, or expected period, of the leave.

An employer can request evidence about the reason for compassionate leave (eg. a death or funeral notice or statutory declaration). This request for evidence has to be reasonable. If the employee doesn't provide the requested notice or evidence they may not get compassionate leave.

An award or registered agreement can include terms about the kind of evidence that an employee must provide to get compassionate leave.

Source reference: Fair Work Act 2009 s.12 and 104-106

Think a mistake might have been made?

Mistakes can happen. The best way to fix them usually starts with talking.

Check out our Help resolving workplace issues section for practical advice on:

figuring out if a mistake has been made

talking to your employer or employee about fixing it

getting help from us if you can't resolve it.

You might also be interested in:

Page reference No: 1903

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Welcome to the Fair Work Ombudsman website

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All employees (including casual employees) are entitled to compassionate leave (also known as bereavement 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.

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*Unpaid leave for voluntary emergency activities.
*Upto 10 days paid leave for jury service.

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Employees recieve correct wages and entitlements. Employers to keep accurate and complete records.
When a payslip given?
Weekly once
How are payslips given?
Electronic pay slips.
What has been on payslip?
*Employers nd employees name.
*Employers ABN
*pay period
*hourly rate
*Annual leave hrs&super fund

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National minimum wage – of $694.90 per week, or $18.29 per hour

Casual loading – of 25 per cent

Special national minimum wage  – for junior employees

Special national minimum wage  – for trainees, $ 17.03

Source: https://www.fairwork.gov.au/pay/minimum-wages

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Unpaid situations;
• to give a person experience in a job or industry
• to provide training skills to assist people to obtain work
• to test a person's job skills
• to volunteers time and effort to a not-for-profit organisation
🔺 They MUST NOT be an employee

Paid situations:
• training
• team meetings
• opening or closing the business
🔺 If they ARE employees
🔔 Fairwork Act
Reference: www.fairwork.gov.au

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www.ato.gov.au
Super-9.5%
$0 - $ 18,200   0%
$18,201 - $ 37,000   19%
$37,001 - $ 87,000   32.5%
$87,001- $ 180,000   37%
Over $ 180,000 45%

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http://thenewdaily.com.au/money/work/2015/08/11/tricks-bosses-use-avoid-paying-properly/http://thenewdaily.com.au/money/work/2015/08/11/tricks-bosses-use-avoid-paying-properly/