Modern awards
Modern awards are industry or occupation-based minimum employment standards which apply in addition to the National Employment Standards. They were created to establish one set of minimum conditions for employers and employees across Australia who work in the same industries and occupations.
A modern award will cover all employers and employees who perform work in an industry or occupation covered by that particular modern award, except for some managers or higher income employees.
Modern awards replace thousands of federal and state-based awards (pre-reform awards) and cover most workplaces. Transitional arrangements, found in most modern awards, give employers and employees time to adjust to the changes in pay rates.
National Employment Standards (NES)
The Fair Work Act 2009 provides a safety net of enforceable minimum employment terms and conditions through the National Employment Standards (NES).
The NES sets out 10 minimum workplace entitlements which apply to all employers and employees in the national workplace relations system from 1 January 2010 (however only certain entitlements apply to casual employees).
The NES replaces the non-pay rate provisions of the Australian Fair Pay and Conditions Standard (the Standard), which applied up to and including 31 December 2009.
Fair Work Information Statement
From 1 January 2010, all employers covered by the national workplace relations system have to give each new employee a Fair Work Information Statement (the Statement) before, or as soon as possible after, the employee starts employment. If your new employer does not give you this statement you should ask for a copy.
State system employers moving into the national workplace relations system
From 1 January 2010, sole traders, partnerships, other unincorporated entities and non-trading corporations in New South Wales, Queensland, South Australia and Tasmania are covered by the national workplace relations system rather than their own specific state system.
There are special rules for these employers to help them move into the national workplace relations system.