Legislation in the Workplace by Louisa Carlisle https://padlet.com/louisacarlisle/j0nfkdywzbho Key areas of workplace legislation en-us 2017-08-23 04:52:52 UTC 2025-03-01 21:55:44 UTC hello@padlet.com Unfair Dismissal https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182256385 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)
]]> 2017-08-23 05:18:46 UTC https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182256385 Bankruptcy and Liquidation https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182256397 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
]]> 2017-08-23 05:18:54 UTC https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182256397 Notice and final pay https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182256426 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. 

]]> 2017-08-23 05:19:14 UTC https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182256426 Redundancy https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182256441 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)
]]> 2017-08-23 05:19:28 UTC https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182256441 Awards https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182256593 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

]]> 2017-08-23 05:21:29 UTC https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182256593 Agreements https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182256670 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]]> 2017-08-23 05:22:35 UTC https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182256670 https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182256696 2017-08-23 05:23:03 UTC https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182256696 https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182256746 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:
]]> 2017-08-23 05:23:44 UTC https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182256746 https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182256867 2017-08-23 05:25:17 UTC https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182256867 Annual Leave https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182257151 *Four weeks paid leave
*Additional week for certain shift workers

]]> 2017-08-23 05:27:57 UTC https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182257151 Public holidays https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182257184 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


]]> 2017-08-23 05:28:12 UTC https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182257184 https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182257242 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]]> 2017-08-23 05:28:38 UTC https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182257242 Hours of work, breaks & rosters https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182257406 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.



]]> 2017-08-23 05:30:05 UTC https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182257406 National Employment Standards https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182257755
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:



]]> 2017-08-23 05:33:12 UTC https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182257755 Minimum Wages https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182257859 https://www.fwc.gov.au/documents/sites/wagereview2017/decisions/c20171-order.pdf]]> 2017-08-23 05:34:01 UTC https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182257859 Awards https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182257962 2017-08-23 05:35:15 UTC https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182257962 Public Holiday https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182257973 *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]]> 2017-08-23 05:35:33 UTC https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182257973 Uniforms, vehicle & travel entitlements https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182258015
As part of their job, employees may be required to:

  • wear uniforms
  • drive vehicles and/or
  • travel to other locations.

]]> 2017-08-23 05:36:00 UTC https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182258015 Types of employment https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182258288 http://www.imb.com.au/themoneytree/earning-an-income/different-types-of-employment.html]]> 2017-08-23 05:39:33 UTC https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182258288 https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182258578 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.


]]> 2017-08-23 05:43:56 UTC https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182258578 Community service leave https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182258766 *Unpaid leave for voluntary emergency activities.
*Upto 10 days paid leave for jury service.]]> 2017-08-23 05:46:50 UTC https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182258766 Hiring Checklist https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182258845 https://www.fairwork.gov.au/ArticleDocuments/712/guide-to-hiring-new-employees.pdf.aspx]]> 2017-08-23 05:48:15 UTC https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182258845 https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182259123 2017-08-23 05:53:18 UTC https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182259123 Payslip https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182259242 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]]> 2017-08-23 05:55:38 UTC https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182259242 Minimum Wages annie_do2305 https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182259735
  • 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

    ]]>     2017-08-23 06:03:20 UTC https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182259735     Paid & Unpaid work https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182259753 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]]>     2017-08-23 06:03:31 UTC https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182259753     Tax and Superannuation annie_do2305 https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182260117 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%

    ]]>     2017-08-23 06:09:55 UTC https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182260117     https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182260204 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/]]> 2017-08-23 06:10:46 UTC https://padlet.com/louisacarlisle/j0nfkdywzbho/wish/182260204