Fair Work Information Statement - March 2021

COMMONWEALTH OF AUSTRALIA

Fair Work Act 2009

Notice under section 124(1) of the publication of the Fair Work Information Statement

I, SANDRA PARKER, Fair Work Ombudsman, acting in accordance with section 124(1) of the Fair Work Act 2009, hereby GIVE NOTICE, of the publication of the Fair Work Information Statement as set out herein:

Sandra Parker

Fair Work Ombudsman

29 March 2021

Find out more about your workplace entitlements and obligations during the impact of coronavirus at coronavirus.fairwork.gov.au

Employees in Australia have entitlements and protections at work, under:

Fair Work Laws

• minimum entitlements for all employees
• includes the National Employment Standards

Awards

• set minimum pay and conditions for an industry or occupation
• cover most employees in Australia

Enterprise Agreements

• set minimum pay and conditions for a particular workplace
• negotiated and approved through formal process

Employment contracts

• provide additional conditions for an individual employee
• can’t reduce or remove minimum entitlements

Find your award at www.fairwork.gov.au. Check if your workplace has an enterprise agreement at www.fwc.gov.au/agreements

CASUAL EMPLOYees

If you are a casual employee, you also need to be given the Casual Employment Information Statement when you start work. Visit the Fair Work Ombudsman website at www.fairwork.gov.au/ceis for more information. 

PAY

Your minimum pay rates are in your award or enterprise agreement. If there is no award or agreement for your job, you must get at least the National Minimum Wage. You can’t agree to be paid less. Minimum pay rates are usually updated yearly.

Find out what you should get at www.fairwork.gov.au/minimum-wages

NATIONAL MINIMUM WAGE FROM 1 JULY 2020

• $19.84/hour full-time or part-time
• $24.80/hour casual

This is the adult minimum rate for employees with no award or enterprise agreement. Lower rates may apply to juniors, apprentices and employees with disability.

Use our free calculators to check your pay, leave, and termination entitlements at: www.fairwork.gov.au/pact

NATIONAL EMPLOYMENT STANDARDS

These are minimum standards for all employees. Rules and exclusions may apply. Your award or agreement may provide more. Find more information on the National Employment Standards at www.fairwork.gov.au/NES

FLEXIBILITY

After 12 months employment, you can make a written request for flexible working arrangements if you’re 55 or over, a carer, have a disability, are experiencing violence from a family member (or are supporting a family or household member who is), or are the parent of, or have caring responsibilities for, a child of school age or younger. This includes employees returning from parental or adoption leave asking to work part-time to care for the child. Your employer must respond in writing within 21 days. They can only say no on reasonable business grounds.

You and your employer can also negotiate an individual flexibility arrangement. This would change how certain terms in your award or enterprise agreement apply to you. An individual flexibility arrangement must be a genuine choice – it can’t be a condition of employment – and it must leave you better off overall. Find out more at:

www.fairwork.gov.au/flexibility

ENDING EMPLOYMENT

When your employment ends, your final pay should include all outstanding entitlements, such as wages and unused annual leave and long service leave.

You may be entitled to notice of termination, or pay instead of notice. If you’re dismissed for serious misconduct, you’re not entitled to notice. If you resign you may have to give your employer notice. To check if notice is required and what should be in your final pay visit:

www.fairwork.gov.au/ending-employment

If you think your dismissal was unfair or unlawful, you have 21 calendar days to lodge a claim with the Fair Work Commission. Rules and exceptions apply. Find out more at:

 www.fairwork.gov.au/termination

PROTECTIONS AT WORK

All employees have protections at work. You can’t be treated differently or worse because you have or exercise a workplace right, for example, the right to request flexible working arrangements, take leave or make a complaint or enquiry about your employment.

You have the right to join a union or choose not to, and to take part in lawful industrial activity or choose not to.

You also have protections when temporarily absent from work due to illness or injury, from discrimination, bullying and harassment, coercion, misrepresentation, sham contracting, and undue influence or pressure. Find out more at:

www.fairwork.gov.au/protections

AGREEMENT MAKING

Enterprise agreements are negotiated between an employer, their employees, and any employee representatives (e.g. a union). This process is called ‘bargaining’ and has to follow set rules. The Fair Work Commission checks and approves agreements. For information about making, varying, or terminating an enterprise agreement visit:

 www.fwc.gov.au/agreements

TRANSFER OF BUSINESS

If a transfer of business occurs, your employment with your old employer ends. If you’re employed by the new employer within three months to do the same (or similar) job, some of your entitlements might carry over to the new employer. This may happen if, for example, the business is sold or work is outsourced. Find out more at:

www.fairwork.gov.au/transfer-of-business

RIGHT OF ENTRY

Union officials with an entry permit can enter the workplace to talk to workers that they’re entitled to represent, or to investigate suspected safety issues or breaches of workplace laws.

They must comply with certain requirements, such as notifying the employer, and can inspect or copy certain documents. Strict privacy rules apply to the permit holder, their organisation and your employer. Find out more at:

www.fwc.gov.au/entry-permits

 If you work in the commercial building industry the Australian Building and Construction Commission can help. www.abcc.gov.au – 1800 003 338