This Guide is only an introduction to basic employment obligations and rights in New South Wales. It is not a definitive legal source and should not be used as such.

This guide must be read in conjunction with an authorised copy of the relevant award and industrial relations legislation.

The major employment laws that apply in NSW, and are dealt with in this guide include the:

• NSW Industrial Relations Act 1996, which sets out the minimum requirements for matters such as parental leave, employee pay slips and employment records, unfair dismissal and other matters for those businesses that are sole trader, partnerships or trust(Not sure of this one, maybe remove the Trusts) and still covered by the NSW industrial relations system.
• NSW Industrial Relations (Child Employment) Act 2006, which sets out obligations for corporations when employing children under 18 years of age on a workplace agreement which started after 27 March 2006.
• Federal Workplace Relations Act 1996 (including WorkChoices amendments), which covers those businesses which are constitutional corporations (e.g. PTY LTD company).
• Annual Holidays Act 1944, which sets out minimum provisions for annual leave for those still covered by NSW industrial legislation.
• Long Service Leave Act 1955, which sets out minimum provisions for long service leave.
• Occupational Health and Safety Act 2000, which deals with the health, safety and welfare or people with workplaces.
• Anti-Discrimination Act 1977, which prohibits certain forms of discrimination and harassment in the workplace.

There is also other Federal legislation covering such matters as taxation, superannuation, discrimination and victimisation.

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On 27 March 2006, new federal industrial relations legislation took effect. The new legislation, using the corporations powers in the Australian Constitution, means that any business that is a constitutional corporation will be covered by federal industrial relations legislation. A quick guide is that if the business is a Pty Ltd company, federal legislation will apply.

For sole traders, partnerships and other organisations that are not constitutional corporations, the NSW industrial relations system will continue to apply.

For more information to assist in identifying what industrial relations system you may operate under, call the NSW Office of Industrial Relations on 131 628.

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This employment guide deals with employing staff in the social and community services in NSW.  This employment guide is based on provisions contained within the Social and Community Services Employees (State) Award which also became a Notional Agreement Preserving a State Award (NAPSA) from 27 March 2006 under federal industrial relations legislation.

Current rates of pay are contained either in the award or the Australian classification and pay standard.

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An enterprise agreement sets out the minimum conditions of employment for employees engaged in particular types of work specific to one business. The agreement may cover some or all of the employment conditions contained in the award.

An enterprise agreement must apply with all NSW laws. In general, employees are not worse off under the agreement compared to an award.

An enterprise agreement is not enforceable unless it has been approved by the NSW Industrial Relations Commission.

Further information on enterprise bargaining under NSW state legislation is contained in the OIR brochure Awards and enterprise agreements.

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