The Fair Work Act 2009 is the primary legislation that governs Australia’s workplace relations system. It sets the minimum standards for employment, known as the National Employment Standards (NES), which apply to all employees in the national workplace relations system.

The NES, along with the national minimum wage and awards, form a safety net of entitlements for these employees. The Fair Work Commission and the Fair Work Ombudsman are two key institutions that oversee compliance with these standards and address workplace-related issues.

Understanding the National Employment Standards

The NES outlines ten minimum employment entitlements that apply to all employees. These include:

  • Maximum weekly hours of work
  • Requests for flexible working arrangements
  • Parental leave and related entitlements
  • Annual leave
  • Personal/carer’s leave, compassionate leave, and unpaid family and domestic violence leave
  • Community service leave
  • Long service leave
  • Public holidays
  • Notice of termination and redundancy pay
  • Provision of a Fair Work Information Statement

In this case.

It was in Brett’s employment contract that if he met certain performance indicators, he would receive a quarterly bonus.

Brett worked hard, putting in extra hours to meet and exceed his targets. The bonus never came.

After attempts to claim the amount failed, Brett sought professional advice.

Having established that Brett was entitled to this performance pay and the employer was withholding his entitlement, the matter was swiftly rectified.

If you are frustrated and being fobbed off, talk to us. Often simply the intervention of an industrial agent is all it takes for a remedy, without going to a hearing or tribunal.

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