Overview — Sources of minimum employment conditions

Part 2-2 of the Fair Work Act 2009 (Cth) (FW Act) provides for a scheme of ten minimum employment standards, known as the National Employment Standards (NES). The NES constitute the minimum terms and conditions of employment for all employees covered by the FW Act.

See How are the minimum conditions of employment determined for national system employees?

For employees not covered by the FW Act, certain minimum terms and conditions may be provided for under applicable state or territory legislation. In some areas (ie public holidays, the “right to request” flexible work), state and territory laws operate in conjunction with and/or supplement the minimum entitlements of national system employees under the NES.

In relation to long service leave, state and territory legislation is presently the main source of regulation.

See How are the minimum conditions of employment determined for employees who are not covered by the national system?

The guidance notes within this subtopic will provide you with an understanding of which minimum employment conditions will apply to a particular employee, and how to deal with competing or conflicting legal obligations.