Statutory safety net

The statutory safety net applies to national workplace relations system employees/employers and comprises:

  • Modern awards
  • the National Employment Standards (NES)
  • the national minimum wage orders made by the Fair Work Commission

The National Employment Standards set out minimum conditions of employment relating to:

  • Maximum weekly hours of work
  • Request for flexible working arrangements
  • Parental leave
  • Annual leave
  • Personal/carers leave
  • Community service leave
  • Long service leave
  • Public holidays
  • Notice of termination and redundancy pay
  • Fair Work information statement

The NES is supplemented by the National Minimum Wage, which stipulates minimum base rates of pay for adult and junior employees, trainees and workers with disability.  These only apply to award or agreement free employees.

For over 60% of the employers and employees subject to the Fair Work Act 2009, the safety net is also supplemented by a modern award or an enterprise agreement.

For more information on the statutory safety net and modern awards, please see our:

Information sheets

Contracts and the safety net

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Modern awards

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The National Employment Standards (NES)

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Award flexibility agreements

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Application of the Fair Work Act to my business

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Guidelines

How an employment contract is affected by the Fair Work Act

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Determining modern award coverage

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Guarantee of annual earnings

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Checklists

Award flexibility agreement

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Does the Fair Work Act apply to my business?

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Templates

Guarantee of annual earnings

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Request for flexible working arrangements form

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Award flexibility agreement

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Policies and procedures

Flexible work policy

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