Frequently Asked Questions
More information for Indigenous people
1. How does annual leave accrue?
From the 1 January 2010, annual leave entitlements forms a part of the National Employment Standard and whilst the National Employment Standard do not contain an actual calculation for the purposes of calculating annual leave, the National Employment Standard does state that Annual Leave accrues progressively for a worker throughout the year.
On the Fair Work website, there is a calculator that can be used to work out annual leave accruals.
It is important to note that using either one of the above calculations will ensure that a worker is provided with the minimum entitlement. However, using them may mean that a small additional amount each year. This is because the formula assumes that there are exactly 52 weeks in a year.
Top2. How does personal/carers leave accrue?
From the 1 January 2010, personal/carers leave entitlements form a part of the National Employment Standards and whilst the National Employment Standard does not contain an actual calculation for the purposes of personal/carers leave under the National Employment Standards Personal/carers leave accrues progressively for a worker throughout the year.
A leave calculator is now available on the Fair Work Website.
It is important to note that using either one of the above calculations will ensure that a worker is provided with the minimum entitlement. However, using them may mean that a small additional amount each year. This is because the formula assumes that there are exactly 52 weeks in a year.
3. What are the National Employment Standards and why are they important?
From 1 January 2010, the National Employment Standards apply to all employer and workers in the national workplace relations system.
Under the 10 minimum workplace entitlements that make up the National Employment Standards, workers are protected by a safety net of fair, relevant and enforceable minimum employment terms and conditions.
Most workers covered by the national workplace relations system are entitled to receive each of these 10 entitlements. Some of these entitlements also apply to casual workers.
4. As an employer, can I pay my workers above the modern award wage?
Yes, a modern award provides the minimum wage that a worker can be paid either on a full-time, part-time or a casual basis. As an employer, the wage that is paid to a worker can be no lower than the appropriate modern award. However, an employer can certainly choose to pay above the award wage. Employers must be aware that the modern award entitlements may still apply.
5. How much notice do I need to give my employer to leave and what happens if I leave early?
Notice periods, whether being given by the employer or a worker, now form a part of the National Employment Standards. The amount of notice is based on a sliding scale based on the worker’s years of service.
The sliding scale is shown here and is for termination by the employer:
|
Worker‘s period of continuous service |
Period of Notice |
|
Not more than I year of service |
1 weeks notice |
|
More than 1 year but less than 3 years |
2 weeks notice |
|
More than 3 years but less than 5 years |
3 weeks notice |
|
More than 5 years |
4 weeks notice |
Increase this period of notice by 1 week if the worker is over 45 years of age and has completed at least 2 years of continuous service.
If the worker is resigning, it is an idea to check the termination clause under their modern award. Usually, the award will say to use the above scale for the purposes of notice; however there is no extra week given based on age or years of service.
6. How much will I get paid if I leave the organisation?
Final pay is what the employer owes and must pay a worker. The actual amount may vary depending on a worker’s years of service, reason for the termination and whether the worker has decided to leave or this was the employer’s decision.
As an example- a final pay may consist of –
- Outstanding wages – including overtime and penalty rates
- Accrued annual leave and leave loading entitlements
- Accrued long service leave entitlements (depending on years of service and the reasons for the termination)
- Redundancy pay entitlements (if applicable)
7. Am I still entitled to annual leave loading?
Generally speaking yes, most modern awards do contain provisions for annual leave loading. Please note that annual leave forms a part of the National Employment Standards and annual leave loading is an award condition of employment. When looking at annual leave loading, always refer to the relevant modern award for clarification.
8. My new boss asked me to work for two days and then I was told that I would not be paid because I was on trial – is this right, should I be paid?
An employer can ask a potential new worker to come to the workplace to look around, meet the other staff, to observe work and to demonstrate basic skills. This does not amount to a trial period and therefore the worker would not be paid for this.
However, if someone is required to perform productive work, or to work an entire shift, they are entitled to be receive the minimum wages and conditions provided in the National Employment Standards and any applicable modern award or enterprise agreement.
9. I work in a hairdressing salon and the cash register was short so my employer deducted the difference from my pay. Can the employer do this?
There are some instances where an employer can legally deduct money from a worker’s pay. This would be done if the worker has agreed in writing to the deduction, the deduction is for the benefit of the worker, or if the deduction is authorised by a modern award or an enterprise agreement. Even if the deduction is authorised, the deduction still must be for the benefit of the worker.
If a deduction is made from a worker’s pay based on a shortfall in the cash register, this would be deemed as an illegal deduction and the employer would not be able to make such a deduction.
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