Australia's Fair Work Act 2009 sets minimum employment conditions through the National Employment Standards (NES), governs unfair dismissal (minimum employment period applies), and establishes the Fair Work Commission and Fair Work Ombudsman.
The Fair Work Act 2009 is the principal federal employment law in Australia, governing most private sector employees. Key provisions: **National Employment Standards (NES)**: 11 minimum entitlements that cannot be undercut — maximum weekly hours, flexible working requests, parental leave, annual leave (4 weeks), personal/carer's leave (10 days), compassionate leave, community service leave, long service leave, public holidays, notice of termination and redundancy pay, and the Fair Work Information Statement. **Modern Awards**: Industry and occupation awards that sit on top of the NES and specify minimum pay rates, penalty rates, overtime, and allowances. **Unfair Dismissal**: Employees who have been employed for at least the minimum employment period (1 year for small business, 6 months for others) and are covered by an award or agreement can apply to the Fair Work Commission for unfair dismissal remedy. Application must be made within 21 days of the dismissal taking effect. Remedies include reinstatement or compensation (capped at 26 weeks' wages). **General Protections**: Employees cannot be dismissed or adversely affected for exercising a workplace right, being absent due to illness, or engaging in union activity. **Wage Theft**: Underpayment of wages is a civil penalty offence; deliberate underpayment can be criminal from 2025.
An employee is dismissed for being a union delegate and raising safety issues. This is a 'general protections' breach under the Fair Work Act. She applies to the Fair Work Commission within 21 days and receives compensation.
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