Overview of the Fair Work act
The Fair Work Act 2009 is the cornerstone of Australian employment law. It replaced the previous Workplace Relations Act and established a national workplace relations system covering most Australian workers.
Employment standards
- National Employment Standards (NES)
- Modern award system
- Enterprise agreements
- Minimum wage orders
Worker protections
- Unfair dismissal protections
- General protections
- Anti-discrimination provisions
- Right to disconnect
Key components of the Fair Work act
The Act establishes several fundamental components of the Australian workplace relations system:
Main components
National Employment standards
The National Employment Standards form the safety net of minimum entitlements that cannot be reduced by awards or agreements. These 11 standards include:
- Maximum weekly hours: 38 hours plus reasonable additional hours
- Requests for flexible working: Right to request changes to working arrangements
- Parental leave: Up to 12 months unpaid leave
- Annual leave: 4 weeks paid leave per year
- Personal/carer's leave: 10 days paid leave per year
- Community service leave: For jury duty and emergencies
- Long service leave: As per applicable state/territory laws
- Public holidays: Right to be absent on public holidays
- Notice of termination: Required notice periods
- Redundancy pay: Entitlements on redundancy
- Fair Work Information Statement: Must be provided to new employees
Compliance is mandatory
The Fair Work Act applies to most Australian employers. Non-compliance can result in significant penalties, back-payment orders, and reputational damage. The Fair Work Ombudsman actively investigates breaches and can pursue court action. Ensure your workplace practices, pay rates, and policies comply with the Act.
Recent amendments
The Fair Work Act has been amended several times, with significant recent changes including:
Secure Jobs, Better Pay (2022)
- Multi-employer bargaining
- Pay secrecy prohibitions
- Enhanced flexible work rights
- Sexual harassment provisions
Closing Loopholes (2024)
- Right to disconnect
- Casual conversion strengthening
- Gig worker protections
- Labour hire same job, same pay
Common compliance mistakes
Incorrect award classification
Applying the wrong modern award or classification level, leading to underpayment of wages and entitlements.
Missing NES entitlements
Failing to provide all 11 National Employment Standards, such as not offering the Fair Work Information Statement to new employees.
Poor record-keeping
Not maintaining required employment records for 7 years, including time records, pay slips, and leave balances.
Key takeaways
The Fair Work Act 2009 establishes the foundation of Australian workplace law. Understanding its requirements is essential for every employer, from the National Employment Standards through to modern awards and enterprise agreements.
Supporting compliance efforts requires accurate time and attendance tracking, correct award interpretation, and proper record-keeping. RosterElf helps businesses meet their Fair Work obligations through integrated workforce management.
