Overview of the Fair Work Act July 1, 2009 for small business
The Fair Work Act applies to National Systems employers and has replaced Workchoices.
Small business refers to a business with less than 15 fulltime or equivalent employees.
The following information is a summary only, further information may be obtained by contacting Fair Work on 13 13 94 or via the website at www.fairworkforsmallbusiness.com.au
National Employment standards
Maximum weekly hours
The maximum number of ordinary hours an employee may work in a week is set at 38. An employee may be requested to work additional hours but may refuse if the hours are unreasonable.
Employee requests for flexible working arrangements
To be eligible the employee must have:
12 months continuous service with the employer
Be responsible for the care of a child under school age or a disabled child under 18. Such requests may only be refused by an employer on reasonable business grounds.
Parental leave and related entitlements
Allows eligible employees up to 24 months unpaid leave in relation to the birth or adoption of a child. To be eligible the employee must have 12 months of continuous service.
4. Annual leave
Paid annual leave entitlement is set at a minimum of 4 weeks per year. Shift workers are entitled to 5 weeks a year. Agreements and awards may enable a 'cashing out' of these entitlements.
5. Personal sick, carers leave and compassionate leave
All employees, except casuals are entitled to a minimum of 10 personal or carers leave days per year. Employees are also entitled to 2 days unpaid personal/carer leave and 2 days of paid compassionate leave per occasion. Agreements and awards may permit the 'cashing out' of these leave entitlements.
6. Community service leave
Employees are entitled to take 10 days paid leave per year to perform jury duty and unlimited unpaid leave to perform emergency management activities.
7. Long service leave
The Commonwealth government is currently working to... [continues]

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