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Employment Terms and Conditions
Back to top Back to main Skip to menuAustralia - Employment Terms and Conditions
It is estimated that nearly half of all workers in Australia are union members. Unions have been in existence in the country since the middle of the 19th century and they have been instrumental in improving working conditions in many industries. In total Australia has more than 160 unions although there are many mergers taking place to create larger unions. The Australian Council of Trade Unions oversees many of these unions. There have been a number of successful campaigns led by the unions in recent years. Some of these include public holiday pay and a minimum amount of paid annual leave.
Both full-time and part-time workers in Australia are entitled to at least four weeks paid leave each year. This amount is based on 12 months continuous service and if you only work for part of the year this is calculated on a pro-rata basis. If you work shifts then your minimum annual leave entitlement is 5 weeks. Leave is accrued throughout the year. If you do not take all of your leave then you can be paid for it at the end of the 12 month period. It is normal for the employer to show the amount of leave that can be taken on the employee’s payslip. If you are a casual worker on a temporary contract then you are not entitled to any annual leave.
If you need to take leave in another form then there are different regulations which apply. If you work full-time in a permanent position you are entitled to 10 paid days of personal leave each year. In order to qualify as personal leave you must be considered to be unfit for work as a result of injury or illness. You can also take what is known as carer’s leave if you need to look after a family member through illness or an emergency. This type of leave also accrues during the working year. This type of leave is paid at the basic pay rate. There are also provisions for the worker to take unpaid leave if necessary. Up to 2 days unpaid leave can be taken if the worker does not have paid leave accrued. Compassionate leave in the event of bereavement or sudden illness gives an automatic 2 days paid leave. You may be required to provide evidence of the need for leave and the employer does not have to grant leave if you have no evidence.
Unpaid parental leave can be taken for up to 12 months after you have completed the qualifying 12 months of continuous service in your job. Parental leave cannot be taken in short bursts and must be taken as one block of leave. If you are told you cannot return to work following parental leave then your employer is breaking the law.
The Fair Work agreements have outlined a number of public holidays which begin on the 1st January with New Year’s Day. This is followed by Australia Day on the 26th January. Good Friday and Easter Monday are both public holidays in Australia and on 25th April each year Anzac Day is celebrated. A day is allocated in each state each year for celebrating the Queen’s birthday. Both Christmas Day and Boxing Day are also national holidays. In addition to these days you may be entitled to days that have been allocated by your state or territory. Labour Day, for example, is different in each state. You should be given public holidays at your standard rate of pay although in some professions you may be expected to work. If this is the case your rate of pay for the day should be higher than the standard rate.
A worker should have a written contract of employment and there are very few employers that will not provide one. This will detail all the working conditions such as pay and leave entitlements.
If your employer wishes to terminate your employment you are entitled to a reasonable period of notice. If you have been employed for less than a year the notice period is 1 week. If you have been with an employer for more than a year but less than 3 years you are entitled to 2 weeks notice. For those who have worked for more than 3 years but less than 5 the notice period is 4 years and for more than 5 years continuous service with the same employer you are entitled to a notice period of 4 weeks. If you are more than 45 years of age and have worked for at least 2 years for the same employer then you are entitled to an extra week’s notice in addition to those already mentioned.
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