National employment standards also work when a worker is not covered by a modern attribution or enterprise agreement. The national minimum wage also applies to these workers. – the needs of the workplace or company in which the worker is employed; Enterprise agreements set the conditions of employment between employees and employers. They can be done either under state law or under federal law. Public holidays can be replaced by an agreement between an employer and a non-exempt worker or, if permitted by the terms of a modern premium/company contract. Fair Work Commission publishes enterprise agreements on this website. National employment standards provide for 4 weeks of paid annual leave for each year of service. A shift worker (as defined in a modern bonus or business agreement or, in the case of a non-premium worker, the Fair Work Act 2009 (Cth) is entitled to five weeks of annual leave. Enterprise agreements offer the possibility of introducing changes concerning: This area contains information on the following enterprise bargaining agreements National employment standards apply to workers who are not covered by distinctions or enterprise agreements.
Modern bonuses and enterprise agreements may allow the payment of personal leave, provided that certain conditions are met to guarantee the protection of employees (i.e. the employee must keep a balance of 15 days of paid leave after payment). An employee without a premium is unable to pay for personal/caregiver leave [ss 95-106]. The calculation of normal working time depends on the application of a modern bonus or enterprise agreement for that worker: 1. When a worker is subject to a modern bonus or enterprise agreement, the normal hours of work for that worker are the hours set in the modern bonus or enterprise agreement. The 2010 Miscellaneous Award is the modern award that provides minimum fees for workers who are not covered by another modern price (industrial or professional) and who perform work similar to those that have historically been regulated by price [see www.fwc.gov.au/documents/modern_awards/award/ma000104/default.htm]. Enterprise agreements are collective agreements between employers and workers on employment conditions. The Fair Labour Commission can provide information on the process of drafting enterprise agreements, evaluate and approve agreements. We can also deal with disputes over the terms of the agreements.
National employment standards require employers to give each new employee a copy of the Fair Work Statement containing information on key elements of the new system. Key elements include the role of the Fair Work Commission and the Fair Work Ombudsman, national employment standards, modern distinctions, agreement and freedom of association. The Fair Work Information Statement must also contain information on individual flexibility agreements, employee data and privacy and termination of the employment relationship. The public sector comprises the largest number of state-owned enterprises and local authorities. Sa agreements on public sector enterprises will be concluded under the South Australian Fair Work Act 1994. Such agreements are an alternative to sectoral rewards. They also provide an opportunity to recognize other unassigned employment agreements. An enterprise agreement sets out the conditions of employment of workers covered by the agreement. It is negotiated through a premium security network to help employers and workers define working conditions that will support their needs. Premiums and agreements may also include provisions relating to the acceptance or management of annual leave [ss 86-94].
The South Australian Employment Tribunal (SAET) is responsible for approving agreements for public sector companies.