Quick Guide to the National Employment Standards (NES)
Who is covered by these Standards?
With some exceptions (such as contract work, locum work, casual work or self-employment), these minimum standards apply to all workers in Australia. Currently, there is no award that exists for optometry, although some optometrists working in the public health sector, such as hospitals, are paid according to existing public hospital awards.
In general, however, employee optometrists will likely be working under individual contracts with their employer.These contracts must comply with all of the National Employment Standards. Some of these standards are outlined below.
Maximum hours per week
The NES sets the maximum working hours per week at 38, with a provision for reasonable additional hours.
Flexibility of working arrangements
All employees will have the right to request flexible working arrangements if they have one or more children under school age, or a disabled child over 18. The employer can refuse this request on reasonable business grounds.
Parental leave
One parent is entitled to up to 24 months unpaid leave or both parents can take up to 12 months leave each. This entitlement applies to all parents, including gay and lesbian couples with children.
Annual leave
Full time employees remain entitled to 4 weeks annual leave, which can be cashed out either in accordance with an enterprise agreement or award, or for non-award employees on the proviso they leave a balance of at least 4 weeks annual leave. An employer is also able to direct an employee to take leave under reasonable circumstances (e.g. such as practice closing breaks).
Personal leave
Employees who fall under the Act are entitled to 10 days’ paid personal leave (this includes sick leave and carers’ leave) and two days’ paid compassionate leave (e.g. covering things such as death of a relative or close friend).
Community service leave
This is a new entitlement, allowing permanent employees to take leave for jury service with makeup pay at the base rate of pay for hours ordinarily worked. Employees may also take unpaid community service leave for such activities as volunteer work with a recognised emergency relief agency during a natural disaster.
Public holidays
Employees are generally entitled to gazetted public holidays, at full pay if the employee usually works on that day. Employers may reasonably request a person to work on a public holiday, considering such matters as the operational requirements and nature of the business.
Long service leave
Employees remain entitled to long service leave.
Notice of termination and redundancy pay
Employers must provide written notice of termination. How much depends on a sliding scale tied to number of years the employee has worked for the employer. Redundancy payouts will apply on a sliding scale, up to a maximum of 16 weeks’ pay. However, this does not apply where a person has been working for an employer for less than 12 months, or for small businesses (less than 15 employees).
Provision of information about the Fair Work Act
From 1 January 2010, employers will be required to provide all new employees with a Fair Work Information Statement, which contains information about the National Employment Standards and other matters.
Quick Guide to the National Employment Standards (NES)
Who is covered by these Standards?
With some exceptions (such as contract work, locum work, casual work or self-employment), these minimum standards apply to all workers in Australia. Currently, there is no award that exists for optometry, although some optometrists working in the public health sector, such as hospitals, are paid according to existing public hospital awards.
In general, however, employee optometrists will likely be working under individual contracts with their employer.These contracts must comply with all of the National Employment Standards. Some of these standards are outlined below.
Maximum hours per week
The NES sets the maximum working hours per week at 38, with a provision for reasonable additional hours.
Flexibility of working arrangements
All employees will have the right to request flexible working arrangements if they have one or more children under school age, or a disabled child over 18. The employer can refuse this request on reasonable business grounds.
Parental leave
One parent is entitled to up to 24 months unpaid leave or both parents can take up to 12 months leave each. This entitlement applies to all parents, including gay and lesbian couples with children.
Annual leave
Full time employees remain entitled to 4 weeks annual leave, which can be cashed out either in accordance with an enterprise agreement or award, or for non-award employees on the proviso they leave a balance of at least 4 weeks annual leave. An employer is also able to direct an employee to take leave under reasonable circumstances (e.g. such as practice closing breaks).
Personal leave
Employees who fall under the Act are entitled to 10 days’ paid personal leave (this includes sick leave and carers’ leave) and two days’ paid compassionate leave (e.g. covering things such as death of a relative or close friend).
Community service leave
This is a new entitlement, allowing permanent employees to take leave for jury service with makeup pay at the base rate of pay for hours ordinarily worked. Employees may also take unpaid community service leave for such activities as volunteer work with a recognised emergency relief agency during a natural disaster.
Public holidays
Employees are generally entitled to gazetted public holidays, at full pay if the employee usually works on that day. Employers may reasonably request a person to work on a public holiday, considering such matters as the operational requirements and nature of the business.
Long service leave
Employees remain entitled to long service leave.
Notice of termination and redundancy pay
Employers must provide written notice of termination. How much depends on a sliding scale tied to number of years the employee has worked for the employer. Redundancy payouts will apply on a sliding scale, up to a maximum of 16 weeks’ pay. However, this does not apply where a person has been working for an employer for less than 12 months, or for small businesses (less than 15 employees).
Provision of information about the Fair Work Act
From 1 January 2010, employers will be required to provide all new employees with a Fair Work Information Statement, which contains information about the National Employment Standards and other matters.