Employing Staff - Regulatory Considerations

Minimum Entitlements

All work agreements, from awards, through to employment contracts or enterprise agreements, must comply with the national minimum wage and National Employment Standards (NES).

These standards are 10 minimum employment entitlements that must be provided to all employees and cover: 

• Maximum weekly hours
• Requests for flexible working arrangements
• Parental leave and related entitlements
• Annual leave
• Personal carers leave and compassionate leave
• Community service leave
• Long service leave
• Public holidays
• Notice of termination and redundancy pay
• Fair Work Information Statement

The Fair Work Information Statement must be provided to new employees. It gives information about the conditions of their employment, including the NES, the right to request flexible working arrangements, modern Awards, making agreements under the Fair Work Act, individual flexibility arranges, freedom of association and workplace rights, termination of employment, right of entry and the role of the Fair Work Ombudsman and Fair Work Commission.

Regulatory Bodies

The Fair Work Ombudsman and the Fair Work Commission are independent government organisations that regulate Australia’s workplace relations system.

The Fair Work Ombudsman is an independent statutory agency created under the Fair Work Act 2009, and is responsible for promoting harmonious, productive and cooperative Australian workplaces. The Fair Work Ombudsman educates employers and employees about workplace rights and obligations to ensure compliance with workplace laws. Where appropriate, the Fair Work Ombudsman will commence proceedings against employers, employees, and/or their representatives who breach workplace laws.

The Fair Work Commission is the national workplace relations tribunal established under the Fair Work Act 2009. The Fair Work Commission is an independent body with the authority to carry out a range of functions relating to the safety net of minimum wages and employment conditions, enterprise bargaining, industrial action, dispute resolution, termination of employment, and other workplace matters.

Awards and Agreements - an overview

Minimum conditions at work can come from registered agreements, awards or legislation. A registered agreement is a document between an employer and their employees regarding employment conditions. An agreement must be approved by and registered with the Fair Work Commission. Examples of registered agreements include enterprise agreements.

When a business has a registered agreement in place and it covers the work that the employee does, then the minimum pay and conditions in the agreement will apply.

If there’s no registered agreement that applies and an award covers the business and the work the employee does, then the minimum pay and conditions in the award will apply.

There are 122 industry and occupation awards that cover most people working in Australia, which means many employees who aren’t covered by an agreement will most likely be covered by an award.

Where no award or agreement applies, the minimum pay and conditions in the legislation will apply.

Fair Work Pay Calculator

The Pay Calculator calculates base pay rates, allowances and penalty rates (including overtime). It's a great tool to help you find the right Award and Grade.

Suggested awards to use in employing community broadcasters

If you are looking at which awards cover those in the community radio sector, the suggested Awards below might help: