Contractual terms must adhere to, at a minimum, the legal entitlements stipulated in the National Employment Standards (NES) and any applicable awards or registered agreements. Workers are subject to the provisions of the NES, irrespective of whether a formal contract has been executed.

Employers have the flexibility to determine the duration of the probationary period, which can span from a few weeks to several months. Typically, a common practice is to establish this period between three and six months. Throughout the probationary timeframe, both full-time and part-time employees have the right to accrue and utilize paid leave benefits such as annual and sick leave. In the event an employee does not successfully complete their probation, employers are obligated to inform them. Employees are entitled to receive the accrued unused annual leave hours.

Final pay represents the amount an employer owes an employee upon the conclusion of their employment agreement. Specific details regarding the timing of final pay should be outlined in employment awards, registered agreements, or contracts. It is considered a best practice for employers to settle final payments within seven days of the employment termination.

Employees are entitled to receive any outstanding wages for the hours they have worked, as well as any accrued annual leave. Additionally, eligible employees should be provided with accrued or prorated long service leave, payment in lieu of notice, and redundancy pay, if applicable.

In some instances, the Department of Human Services may require employers to submit an Employment Separation Certificate when an employee ceases to work for them. This certificate must comprehensively outline all payments made to the employee.

Each industry award and registered agreement comes with its distinct overtime regulations that employers should be mindful of. Some employers adopt a practice known as ‘time in lieu’ or ‘time off in lieu’ (TOIL), wherein employees can opt for paid time off in lieu of receiving overtime pay.

For full-time employees, the maximum weekly hours of work are set at 38 hours, while for other employees, it is the lesser of 38 hours or their ordinary hours of work in a week. Employers are prohibited from requesting employees to work beyond the established hours, unless these additional hours are deemed reasonable within the parameters outlined by the National Employment Standards (NES).

In accordance with the Fair Work Act, employers are required to maintain records of an employee’s hours worked and wages for a period of seven years. These records must be legible in English and easily accessible to a Fair Work Inspector.

Depending on an employee’s length of service, employers are obligated to provide the following minimum statutory notice periods when terminating an employee:

• Less than one year: One week’s notice
• More than one year and up to three years: Two weeks’ notice
• More than three years and up to five years: Three weeks’ notice
• More than five years: Four weeks’ notice

Additionally, if an employee is over 45 years of age and has been in the employer’s service for at least 12 months, they are entitled to an extra week of notice.

It is advisable for employers to specify in employees’ awards, registered agreements, or employment contracts the notice period that employees must give when resigning. Employees have the option to provide their notice either verbally or in writing.

Employers have the authority to terminate employees based on unsatisfactory performance or misconduct. When terminating an employee, employers are required to provide written notice of the last day of employment or offer payment in lieu of notice. This notice can be conveyed in person or sent to the employee’s last known address. In cases of serious misconduct, dismissal can occur without prior notice; however, employers remain obligated to settle all outstanding entitlements.

Employees who believe they have been dismissed in a harsh, unjust, or unreasonable manner can apply for unfair dismissal. To be eligible for this, an employee must have worked for the employer for at least six months or, in the case of small businesses, for at least 12 months. Employers are responsible for submitting the unfair dismissal application to the Fair Work Commission within 21 days from the date of dismissal.

In Australia, bonuses are not mandatory, but numerous employers provide them as incentives for performance and staff retention. The amount of bonuses varies depending on the industry and the employee’s seniority. Typically, employees can anticipate receiving bonuses ranging from 6% to 10% of their annual pay. For high-level executives, incentive bonuses can be as substantial as half of their annual salary.

For a trade union to be eligible to support or advance claims related to a proposed registered agreement, it must consist of a minimum of 50 employee members organized specifically for this purpose. The Australian Council of Trade Unions (ACTU) stands as the largest representative body for workers in Australia, encompassing 46 affiliated unions. Nevertheless, the membership of trade unions in Australia has witnessed a consistent decline over the past four decades, currently accounting for only 15% of the workforce.

Redundancy arises when employers no longer require the job to be performed by anyone, or if the organization faces insolvency or bankruptcy. The entitlement to redundancy or severance pay is contingent upon the employee’s continuous service period with the employer, excluding any unpaid leave.

In certain situations, redundancy pay may not be applicable, such as when the employer is a small business or if the employee’s continuous service period is less than 12 months. Additionally, redundancy pay is not provided in the context of fixed-term employment.

*The severance entitlement decreases after a continuous service period of 10 years, as the Australian government assumes that employees may also be eligible for long service leave pay at this juncture.

Payment information, in the form of pay slips, must be provided within one working day of each payment. These pay slips can be either electronic or hardcopy and should include comprehensive details regarding payments, deductions, and superannuation contributions for the respective pay period.

• As per the National Employment Standards (NES), both full-time and part-time employees are entitled to four weeks of paid annual leave, commonly referred to as holiday pay. Shift workers may qualify for an additional week.
• Employers have the flexibility to offer more annual leave than the minimum stipulated by the NES.
• The accumulation of annual leave begins in hours from the commencement of employment, encompassing the probation period. Unused annual leave is carried over from one year to the next and can be paid out upon termination of the employment agreement.
• All employees in Australia are mandated to utilize GoGlobal’s leave tracking system. This system facilitates the accurate and timely determination of accrued leave and the most up-to-date leave balance, ensuring employees stay informed about their leave entitlements.

• Sick, personal, and carer’s leave afford employees the opportunity to take time off to address personal illness or attend to family emergencies. This category of leave is funded by the employer.
• Employees are granted up to 10 days of paid personal/carer’s leave for each year of employment, along with two days of unpaid carer’s leave per year.
• While paid sick and carer’s leave entitlements may differ based on awards, registered agreements, or contracts, these entitlements must meet or exceed the minimum standards mentioned above.
• Accrual of sick and carer’s leave occurs in days, commencing from the employee’s first day on the job. At the end of the year, the employee’s leave balance carries over to the next year.
• It’s important to note that unused sick leave and carer’s leave are not remunerated upon termination of employment.

• Every employee is eligible for two days of paid compassionate leave, commonly known as bereavement leave, which can be availed when an immediate family member passes away or is diagnosed with a life-threatening illness or injury.
• Employees have the flexibility to utilize these leave days consecutively or as two distinct periods, each lasting one day. Alternatively, the days can be taken in separate periods, subject to mutual agreement between the employee and the employer.
• Employers reserve the right to request evidence for compassionate leave, which may include documents like a funeral document, death notice, or a statutory declaration.

• Full-time, part-time, and casual employees are eligible for 10 days of paid family and domestic violence leave within a 12-month period. This entitlement is not pro-rated for part-time or casual employees.
• Employees have the right to avail the entire 10 days upfront, eliminating the need to accrue it gradually over time. It’s important to note that this leave does not accumulate from year to year if unused.

• Public holidays vary depending on the state or territory, and employees are entitled to public holidays based on the location where they are employed.
• If employees willingly agree to work on a public holiday, as reasonably requested by employers, they are compensated for all hours worked at their standard pay rate.
• Employers have the option to offer additional entitlements for working on public holidays, which may include extra pay, an additional day off, extra annual leave, or substituting a public holiday for another day.

• Parental leave, which encompasses both maternity and paternity leave, can be taken when an employee gives birth, when an employee’s spouse or de facto partner gives birth, or when an employee adopts a child under the age of 16. To qualify for parental leave with an employer for the first time, employees must have a minimum of 12 months of service.
• Government-paid parental leave is determined based on the weekly rate of the national minimum wage, covering a period of up to 20 weeks.
• Additionally, employees have the right to take up to 12 months of unpaid parental leave and the option to request an additional 12 months of leave. For employees adopting a child, there is an entitlement to 2 days of unpaid pre-adoption leave to attend relevant interviews or examinations.

• Employees become eligible to receive long service leave after having worked at the same company for an extended duration.
• The regulations governing long service leave vary in each state or territory. These laws specify the necessary working period for employees to qualify for long service leave and delineate the duration of long service leave employees are entitled to.

• Employees have the right to take leave for voluntary emergency management activities and jury service, including attendance for jury selection.

• Community service leave, excluding jury service, is unpaid, and there is no specified limit on the amount of community service leave an employee can take. However, employers have the authority to request evidence confirming an employee’s eligibility for community service leave.

• For the initial 10 days of jury selection and jury service, both full-time and part-time employees are entitled to ‘make-up pay.’ Make-up pay constitutes the disparity between the court’s jury service payment received by employees (excluding expense-related allowances) and the base pay rate for their regular working hours. Employers may request evidence of the total jury service pay amount and confirmation that employees have taken all necessary steps to obtain jury service pay. Failure to provide this evidence results in employees not being entitled to their make-up pay.

1. Employees with a minimum of 12 months of service with the same employer have the right to request flexible working arrangements. Examples of such arrangements include modifications to work hours (such as alterations to start and finish times), adjustments to work patterns (such as split shifts or job sharing), or changes to work locations (such as working from home).

2. In addition to meeting the 12-month employment criterion, employees are eligible to request flexible working arrangements if they fall into any of the following categories:

• Parents or individuals responsible for the care of a child who is school-aged or younger.
• Carers, as defined by the Carer Recognition Act 2010.
• Individuals with a disability.
• Individuals aged 55 or older.
• Individuals experiencing family or domestic violence.
• Those providing care or support to a family member in need of care and support due to family or domestic violence.

Employers nominating skilled workers for permanent residence and employment in regional Australia.

Workers who have received invitations and New Zealand citizens possessing skills that Australia requires, enabling them to reside and work permanently in the country.

Employers nominating skilled workers to become permanent residents and work in Australia.

A temporary visa enabling an employer to sponsor a qualified skilled worker when there is no available Australian worker.

A temporary visa designed for skilled workers seeking to reside and work in a particular region of Australia.

A temporary visa intended for brief, highly-specialized work assignments.

A temporary visa for work aimed at enhancing Australia’s international relations.

A permanent visa designated for individuals with a globally acknowledged record of exceptional achievements in a profession, sports, the arts, or academia (including research).

To create or set up a new or pre-existing business.