The Fair Work Act 2009 ten mandatory standards for all employees

The Fair Work Act 2009 ten mandatory standards for all employees

The Fair Work Act 2009 is deemed as one of the most essential Commonwealth statutes, which govern or regulates the recruitment of mature age workers. According to Smith (2010), the act states the terms and conditions that an employment contract should incorporates, and at the same time, defines the responsibilities and the rights of each stakeholder including the employer, the employee, and any employee organization related to the employment in question. The act mentions ten standards, which are mandatory for every employee. The first standard is the maximum weekly hours of work. The act states that an employee ought to work for 38 hours per every week, plus any reasonable additional hours.

The second mandatory standard is the request for flexible nature of working arrangements. According to Smith (2010), this standard represents an entitlement that often allows the employee to request a change in his or her working arrangements as a result of named circumstances. These circumstances have been set out in the Fair Work Act 2009 (Smith, 2010).

The third standard is parental leave, as well as, any other related and relevant entitlement. The act clarifies that each particular employee is entitled to a period not exceeding 12 months of unpaid leave. On top of the twelve months, each employee is entitled to the right to request additional period (utmost 12 months) of unpaid leave and other forms of leaves that are related to paternity, maternity, along with adoption.

A further standard is the annual leave. The act clearly states that each employee is entitled to a minimum of four weeks of paid leave each particular year. Aside from this, an employer should provide an employee with an additional week, however for workers who work in shifts.

The fifth mandatory standard is personal/carer’s leave, alongside compassionate leave. The act defines this as a ten days paid persona/carer’s leave, plus two days of carer’s leave, however unpaid, and a compassionate leave of a further two days. The compassionate leave is paid, but unpaid on the part of casual laborers (McCrystal, 2010).

The sixth standard is known as the community service leave. This is defined as an unpaid leave often accorded to employees for their voluntary involvement in emergency activities. The entitlement also includes a leave for a jury service. However, for the jury service leave, an employee must be paid for a period not exceeding ten days. Where the jury service goes beyond ten days, the eleventh day onwards is not paid.

Another entitlement, as defined by the act, is the long service leave. As defined by the act, the standard is a transitional entitlement for employees as profiled in a pre-modernized award, which should be applicable, awaiting the creation of a uniform national long leave guideline (McCrystal, 2010).

Public holidays are also a standard that defines an entitlement for an employee. The standard states that a worker should be provided with a paid day off on every public holiday save for situations where the employer has reasonably requested him or her to work.

The ninth is acknowledged as a notice of termination and redundancy settlement. The act states that an employee must be provided with up to five weeks termination notice, as well as, up to sixteen weeks of severe pay in an event that a redundancy has been noted. In both cases, the length of period in which an employee has been in service is accounted for (McCrystal, 2010).

The last, but not least, standard is called the provision of a Fair Work Information Statement. The act mentions that each employee has to be provided with the statement by the employer, and that the statement should be comprised of data regarding the ten entitlements, the modern awards, the freedom of association right, agreement-making, transfer of business, and the union rights of entry among others (McCrystal, 2010).