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National Employment Standards Exposure Draft & Modern Awards

Exceutive, March 31

Decision

Report adopted


Report

The Federal Government has released an exposure draft of legislation outlining the expanded National Employment Standards (NES) that will be incorporated in the substantive Bill later in the year. The 10 National Employment Standards build on the five legislated minima that were contained in the WorkChoices legislation. The 10 minimum standards cover:

  1. Maximum weekly hours of work
  2. Requests for flexible working arrangements
  3. Parental leave (and related entitlements)
  4. Annual leave
  5. Personal/carer's leave and compassionate leave
  6. Community service leave
  7. Long service leave
  8. Public holidays
  9. Notice of termination and redundancy pay
  10. Fair Work Information Statement.
The Government's safety net will be in composed of two parts:
  • 10 National Employment Standards (the NES) in legislation - which will apply to all employees
  • modern awards which may provide industry-relevant detail and build on the NES (to ensure a fair minimum safety net for the employees covered by the modern award) and may contain up to a further 10 minimum standards which can be tailored to the industries and occupations to which they apply.
The government is consulting widely on the NES with a view to having them finalised by June. This time frame is designed to facilitate the development of "Modern Awards" which (as mentioned above) the Bill enables to commence by way of a Ministerial reference to the AIRC. The AIRC will be required to consult with the major parties on the process of award modernisation.

Our federal union, the CPSU, are providing input to the ACTU in relation to the scope of modern awards and other issues associated with the proposal.

A number of meetings have occurred at Unions NSW in relation to providing input to the ACTU submission on the NES. Discussions have also occurred within the SPSF and a submission from the National Office is also likely. Submissions close on the 4th of April.


Contact Details
Anthony D’Adam, Industrial Officer
Ph:  9220 0911

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