National Employment Standards (NES) and awards do not cover everything in an employment relationship. A Common Law contract agreement sets out more than just the hours of work and salary. It sets out the precise terms and conditions of employment and offers a level of certainty to both employers and employees of exactly what is expected in the employment relationship.
National Employment Standards
Under the Fair Work Act 2009 (Cth), the NES sets out 10 minimum conditions of employment in relation to:
- Maximum weekly hours;
- Maternity leave;
- Flexible work for parents;
- Annual leave;
- Personal/carer’s leave;
- Community Service Leave;
- Public holidays;
- Information in the workplace;
- Notice of Termination and redundancy pay; and
- Long Service Leave.
Modern Awards, if applicable, also further define these minimum conditions.
An employee cannot be offered less than the minimum entitlements under the NES or any other legislative instrument such as an applicable award.
All minimum entitlements under the NES cannot be displaced and will override any offer which is less than the minimum entitlements.
An employment contract allows flexibility to offer an employee an employment contract that best suits the individual circumstances of your business.
Issues not addressed by NES or Awards
An employment contract allows a wide range of matters pertaining to the employment relationship to be addressed which are not addressed by the NES or other industrial instruments. These include:
- Confidential information;
- Intellectual property and moral rights;
- Restricted activities;
- Medical examination;
- Responsibilities and duties;
- Employee contract;
- Investigation and suspension; and
- Obligations on termination of employment.
For more information and advice concerning Employment Law, contact the experienced team at Rockliffs Lawyers today.