Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 61

The National Employment Standards are minimum standards applying to employment of employees

  (1)   This Part sets minimum standards that apply to the employment of employees which cannot be displaced, even if an enterprise agreement includes terms of the kind referred to in subsection   55(5).

Note:   Subsection   55(5) allows enterprise agreements to include terms that have the same (or substantially the same) effect as provisions of the National Employment Standards.

  (2)   The minimum standards relate to the following matters:

  (a)   maximum weekly hours (Division   3);

  (b)   requests for flexible working arrangements (Division   4);

  (ba)   offers and requests for casual conversion (Division   4A);

  (c)   parental leave and related entitlements (Division   5);

  (d)   annual leave (Division   6);

  (e)   personal/carer's leave, compassionate leave and paid family and domestic violence leave (Division   7);

  (f)   community service leave (Division   8);

  (g)   long service leave (Division   9);

  (h)   public holidays (Division   10);

  (ha)   superannuation contributions (Division   10A);

  (i)   notice of termination and redundancy pay (Division   11);

  (j)   Fair Work Information Statement (Division   12).

  (3)   Divisions   3 to 12 constitute the National Employment Standards .


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