The Fair Work Act 2009 imposes a number of obligations on employers, including minimum employment entitlements contained in the National Employment Standards (NES). The NES apply to all employees, and will overrule any term in an enterprise agreement or employment contract that is less favourable than the NES.

The NES regulate maximum working hours, leave entitlements (including annual leave, personal/carer’s leave and parental leave), flexible work requests, public holidays, notice of termination, redundancy pay, and the right of employees to receive a Fair Work Information Statement upon commencement of employment. The NES make it unlawful for an employer to breach a term of an award or enterprise agreement.

The NES also underpin what can be included in awards and enterprise agreements, and contain provisions in relation to the interaction between the NES and awards and agreements.

Employers (including individual directors) can be subject to significant financial penalties for non-compliance with the NES.

We can provide assistance in relation to your obligations under the NES, including the effect of employee entitlements. We can advise on the effect of the NES on terms contained in an applicable award or enterprise agreement, and assist in respect of any potential breach of the NES, or obligation under an award or enterprise agreement.