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FACT
 SHEET:
  BASIC
 RIGHTS
 AT
  WORK
 
          maximum weekly hours the right to request for flexible working arrangements (for those with children under 5) parental leave and related entitlements 4 weeks annual leave (pro-rata if part time) (5 weeks if a shift worker) 10 days personal/carerʼs leave and compassionate leave (pro-rata_ unpaid community service leave long service leave paid public holidays notice of termination and redundancy pay the Fair Work Information Statement. Call the Fair Work Infoline on 13 13 94 to find out more about your conditions of employment under the NES or a particular award or agreement.

What are my employment conditions?
When you accept a job (as an employee) you agree to work for your employer under specified conditions. These conditions depend on federal and state industrial laws as well as any relevant award, modern award or agreement or contract that covers your work. Awards or Modern Awards will now apply to most employees who do not have Enterprise Agreements. There are a variety of agreements that can set out your working conditions. They include:    ʻEnterprise Agreementsʼ (EAs) or Collective Agreements Individual Transitional Employment Agreements (ITEAS) ʻCertified Agreementsʼ

  Minimum conditions (State) (Industrial Relations Act (Qld) 1999) State system employees are those employed b y the public service or a local council. Unless an award or agreement that applies to an employee provides for better conditions, state system employees in Queensland are entitled to:           equal pay for work of equal or comparable value 12 months unpaid parental leave long service leave notice of termination (or payment in lieu) A minimum wage (determined by the Queensland Industrial Relations Commission each year) penalty rates for overtime work paid rest pauses paid sick leave casual loading maximum working hours per week and per day.

Note: All employees also have a ʻcontractʼ under common law. This contract may be verbal or written. Those employees to whom an EA or award does not apply will have their terms and conditions covered by statutory minimum standards as set out below, as well as anything contained in their contract.

Minimum conditions (National) (Fair Work Act (Cth) 2009)
As of 1 January 2010, Queensland referred its industrial relations powers for all employees in the private sector to the federal government. This means that only state and local government employees are covered by Queensland industrial relations laws. All other employees are covered by federal industrial relations laws and are known as ʻnational system employeesʼ. Under the Fair Work Act all permanent national system employees (including fixed-term employees) must generally be provided with the following minimum conditions (known as the ʻNational Employment Standardsʼ, or ʻNESʼ).

What is my employment status?
Your type of employment should fall into one of the following categories:

Created
 7
 January
 2010
 


  Probation/minimum employment periods
Permanent full-time employees: work full time (usually 38 hours a week (but may be more or less as set out in agreement or award) and have a continuing contract of employment. Benefits such as paid sick leave, annual leave, holiday pay, long service leave and carerʼs or other types of leave usually apply. Permanent employees are entitled to a period of notice upon termination and in some circumstances can access unfair dismissal laws. Permanent part-time employees: are engaged for less than full-time hours but with the same basic entitlements as full-time employees on a pro-rata basis. Casual employees: are generally engaged for shortterm work, or irregular or seasonal work. Casuals do not have access to entitlements such as paid sick leave or paid annual leave. Casuals are usually paid a ʻloadingʼ to compensate for not having paid leave. Casual employees are still eligible...
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