From 1 January 2010, the National Employment Standards (NES) provide a set of 10 minimum employment conditions replacing the minimum non-pay rate provisions under the Australian Fair Pay and Conditions Standard (the Standard).
Up to and including 31 December 2009, the 5 minimum employment conditions set out by the Australian Fair Pay and Conditions Standard (the Standard) applied. They were as follows.
1. Guaranteed basic rates of pay and casual loadings
Most employees had to be paid no less than:
- the Federal Minimum Wage (or special Federal Minimum wage for employees with disabilities), or
- their basic rate of pay from the relevant pay scale.
A casual employee was generally guaranteed either the casual loading from their pay scale or default casual loading of 20 per cent. This depended on their circumstances.
These entitlements continued to apply until the National Minimum Wage Order or relevant modern award rates took effect. In most cases, this was the first pay period on or after 1 July 2010.
2. Maximum hours of work
Generally, employees couldn't be asked to work more than 38 hours per week (which could be averaged over 12 months if agreed in writing) plus reasonable additional hours.
3. Annual leave
Full-time employees were generally entitled to 4 weeks paid annual leave per year. Some continuous shift employees got 5 weeks paid annual leave. Employees could request to 'cash out' up to 2 weeks of their annual leave every 12 months. Annual leave was cumulative and accrued on a pro-rata basis for each completed four week period of employment.
4. Personal/carer's leave and compassionate leave
Full-time and part-time employees were entitled to:
- up to 10 days paid personal / carer's leave per year (i.e. sick leave or carer’s leave), which accrued on pro-rata basis (i.e. in proportion to the hours worked)
- 2 days paid compassionate leave for each occasion they needed it
- 2 days unpaid carer's leave for each occasion they needed it (when their paid personal leave had been used up).
Personal leave was cumulative and accrued after each completed four week period.
Casual employees were not entitled to paid personal leave, but were entitled to unpaid carer's leave.
5. Unpaid parental leave
All employees (except certain casuals) who had worked at least 12 continuous months with their current employer could get up to 52 weeks unpaid parental leave.