Australian Fair Pay Conditions Standard

Under WorkChoices, every employee in the country is entitled to the following minimum standards known collectively as the “Australian Fair Pay and Condition Standard”:

• A Federal Minimum Wage (“FMW”). This will be set by the new Australian Fair Pay Commission. As of this date the FMW for full time and part time employees is $12.75. For casual employees it is currently $15.30 taking into account the compulsory casual loading. The Australian Fair Pay Commission will also be setting special FMW’s for disabled employees, youth employees and those under training arrangements (e.g. apprentices).
• A maximum number of hours an employee can ordinarily be required to work. An employer cannot require an employee to work on average more than 38 hours a week.
• All employees have a right to annual leave. This has to be accrued on a pro-rata basis according to a formula outlined in the Act. In general for an employee who works full-time over a year, he or she should be entitled to 4 weeks annual leave.
• All employees have a right to personal leave. This includes up to a maximum of 2 weeks paid sick leave and/ or paid carers leave for an employee who is working full time and has accrued the requisite number of hours. As personal leave is accrued on a pro-rata basis, an employee who has worked less hours will not be entitled to as long personal leave. There are sections in the Act which give employees additional rights to unpaid carers, sick or compassionate leave.
• Long term employees have a right to parental leave. An employee who has worked in a job for over a year is entitled to 52 weeks unpaid maternity leave, paternity leave or adoption leave. An employer must subsequently be willing to reemploy those employees after that period has expired. This is obviously subject to various conditions and calculations.

Other basic entitlements/responsibilities under Work Choices
There are other basic entitlements and responsibilities on employers and employees under WorkChoices besides the AFPC Standard. These include:

• Freedom of Association: An employer cannot injure or discriminate against an employee because he or she is a member of a union. However, on the other hand a union or group of employer cannot coerce an employer to only employ union staff or force another employee to join their organization.
• Meal breaks - Any employee who works for 5 hours, must be allowed to have a 30 minute meal break.
• Equal Pay for Equal work- It is illegal to pay workers different rates for performing the same work, on the basis of sex or race.