Are you covered by the Fair Work Act 2009 (Cth)?

The Fair Work system started on 1 July 2009. It provides for minimum employment laws and agency bodies that make up what is now known as our national workplace relations system.

 The key aspects of this system are:

 ·         11 minimum National Employment Standards

·         awards that apply nationally for specific industries and occupations

·         the national minimum wage

·         protection from unfair dismissal.

 Most employees and employers in the Northern Territory are covered by the national system. However, it can be quite difficult trying to work this out by stepping through the provisions within the Act itself.

For example, to assess if you are an employee, the Act says that this means a “national system employee”. This term is then further defined as an individual who is employed, or usually employed, by a “national system employer”, except where the person is on a vocational placement.

One then has to review the definition of “national system employer” which has various options, including: a constitutional corporation, the Commonwealth, a person who employs an individual as a maritime employee, and a body corporate incorporated in a Territory.

Given these various steps and technical definitions, confusion can arise! And that is before we even get to casual workers and pieceworkers!

Despite this technicality, and as noted above, most employees and employers in the Northern Territory are covered by the national system. Whether you are an employer or an employee, take special note of the National Employment Standards - these can be found here.

If you are an employer, you must give every new employee a copy of the Fair Work Information Statement (the FWIS) when they start their new job. You must also give every new casual employee a copy of the Casual Employment Information Statement (the CEIS) at the same time.

If you are an employee, be aware that there is a national minimum wage in place but a different ‘minimum wage’ can apply depending on employment type, age or work capacity. More information can be found here . There are also key protections from unfair dismissal which operate. For further information, see here.

Whether you are an employer or an employee, if you have any issues in relation to employment matters, please feel free to call James Burke or Adam Stencel on (08) 8941 6355 or email james@bowden-mccormack.com.au or adam@bowden-mccormack.com.au