Legal
Issue No. 24 - August/September 2005
[ Fair work basics ]
by Michael Hegarty
On 16 May 2005 the State Government’s amendments to the former Industrial and Employee Relations Act came into effect as the amended Fair Work Act. All employers should familiarise themselves with the changes, which are extensive.
The objects of the Act are stated to include promoting and facilitating employment, establish-ing an effective safety net of fair and enforceable employment conditions and facilitating a balance between work and family responsibilities.
The Industrial Relations Commission has power to revise or set new standards with regard to annual leave, sick leave, bereavement leave and paid parental leave. Minimum standards have been set and apply to all employees, whether they are covered by an Award or Enterprise Agreement.
The Full Commission is required to set a minimum standard for remuneration at least once every year. The Commission must fix a minimum weekly wage for adults working ordinary hours, a minimum rate for adult casual employees and age-based grades for juniors.
Leave entitlements
Sick leave has been set at a minimum of 10 days per year, and this entitlement accrues at the beginning of each year of continuous employment, with a pro-rata entitlement for the first year.
The employee must provide evidence of the need for such leave, giving the employer notice of the sickness, its nature and expected duration, before the period of leave begins or within 24 hours of the period of leave commencing. Carers may utilise five days of their sick leave entitlement to care for family members, provided reasonable notice and evidence of the employee’s need to provide care is given.
Bereavement leave of two days is allowed, again with an entitlement for notice and evidence to be given to the employer.
If an employee’s employment comes to an end before annual leave entitlements have been taken, the employee is entitled to receive payment in lieu.
The Commission has ...
