Fair Work Act

The Fair Work Act 2009 (FW Act) is the main law that governs the employment relationship in Australia’s private sector and for Commonwealth employees. In addition, it operates throughout the Australian Capital Territory, Northern Territory and Victoria for nearly all employers and employees, including the public sector and local government.

This means that the FW Act is relevant to nurses, midwives and carers working in:

• private hospitals, including day surgeries etc.
• aged care
• medical clinics
• private schools
• Commonwealth, Victorian, ACT and NT public service
• local government in Victoria, NT and Tasmania

The FW Act created the national workplace relations system which is also known as the ‘Fair Work system’.

Some of the attributes of the Fair Work system include:

• 11 minimum National Employment Standards
  • Maximum weekly hours
  • Requests for flexible working arrangements
  • Offers and requests to convert from casual to permanent employment
  • Parental leave and related entitlements
  • Annual leave
  • Personal/carer's leave, compassionate leave and unpaid family and domestic violence leave
  • Community service leave
  • Long service leave
  • Public holidays
  • Notice of termination and redundancy pay
  • Fair Work Information Statement and Casual Employment Information Statement
• Modern awards 
• Protection from unfair dismissal and discrimination