Minimum employee entitlements are outlined in the National Employment Standards (‘NES’) and applicable modern awards. These entitlements include, for example:
- Wages;
- Annual leave;
- Sick leave;
- Superannuation; and
- Other benefits.
An enterprise agreement or individual employment contract may contain other entitlements. These, however, cannot provide employees with less than what is guaranteed under NES or modern award.
How can we help you?
Talk to us today and our employment team will provide you with expert legal advice about the following:
- Overview of employee entitlements;
- Minimum conditions under National Employment Standards;
- Modern awards and enterprise agreements;
- Hours of work and breaks;
- Leave entitlements;
- Flexibility in the workplace;
- Protection at work; and
- Workers compensation
What is the difference between a modern award and an enterprise agreement?
The main difference between a modern award and an enterprise agreement is that modern awards outline minimum employee entitlements and conditions for most employees in a particular industry or occupation. Modern awards are also non-negotiable.
On the other hand, enterprise agreements set minimum employee entitlements for a particular workplace. Enterprise agreements are tailored to suit the needs of a particular business and are internally negotiated with employees.
What is the minimum pay in Australia?
The minimum pay rates are covered by modern awards or enterprise agreements. In case there is no award or enterprise agreement applicable to a particular position, employees are entitled at least to the National Minimum Wage (NMW). As at January 2022, NMW amounts to $20.33 per hour for full-time or part time employees, and $25.41 per hour for casual employees. However, lower rates apply, for example, to apprentices or juniors. The NMW is regularly reviewed and can be accessed here.
What are the employee entitlements under the NES?
The NES sets 11 minimum entitlements for employees, which include:
- Maximum working hours;
- Flexible working arrangements;
- Parental leave;
- Annual leave;
- Personal leave;
- Long service leave;
- Public holidays;
- Notice of termination and redundancy pay;
- Conversion of casual employees; and
- Information statements.
What else can we help you with?
Contact our team today to discuss how we can best help you. Elringtons will provide you with expert legal support in all areas of employment.
We offer an initial consultation and review of your case for a flat rate fee. Contact us for more information.
Further reading
elringtons lawyers regularly provide legal advice in relation to a range of business and commercial matters. Please contact our Business and Commercial Team for more information or to make an appointment call (02) 6206 1300
