• The National Employment Standards (NES) and the relevant modern award or enterprise agreement will determine your employees’ wages and the applicable terms and conditions.
• The 10 minimum NES for full time employees are as follows:

o   a set number of maximum weekly hours;

o   the ability to make requests for flexible working arrangements;

o   parental leave and related entitlements;

o   a minimum of 4 weeks annual leave for full time employees with part time employees receiving pro-rata portion of annual leave;

o   paid personal or carers leave of 10 days for full time employees and pro-rata for part time employees as well as 2 days compassionate leave;

o   community service leave;

o   long service leave;

o   public holidays;

o   notice of termination and redundancy pay; and

o   new employees must be provided with a Fair Work information statement.

• As casual employees receive a casual loading instead of some entitlements they are entitled to receive the following NES entitlements:

o   unpaid carers leave;

o   unpaid compassionate leave;

o   community service leave;

o   the Fair Work information statement.

• In some states and territories long serving casual employees may be entitled to long service leave. If a casual has been employed on a regular and systematic basis for at least 12 months they may also be entitled to extra entitlements under the NES.

• If an employee is not covered by a modern award or enterprise agreement they must be paid at least the national minimum wage.
• An employee's wage may be in the form of an annual salary. This may include overtime and penalties as well as any other employee entitlements.
• Employers should also:
  • understand anti-discrimination laws that apply to hiring new staff – for more information see our Anti-Discrimination topic;
  • ensure the workplace is able to meet workplace health and safety laws – for more information see our Work, Health & Safety Law topic;
  • have a fair and transparent disciplinary process – for more information see our Disciplinary Hearings topic; and
  • ensure tax and superannuation obligations can be met – for more information see our Tax & Superannuation topics.
• Offers of employment are legally binding whether they are verbal or in writing. To avoid any misunderstanding all offers of employment should be in writing and include:
  • a date for commencement;
  • a position description;
  • information about wages or salary; and
  • any other information relevant to the position.
• When hiring new staff employers should:
  • prepare a letter of offer which includes a Fair Work Information statement and the applicable modern award or enterprise agreement;
  • run an induction program when the employee starts work that includes:
    • a tour of the workplace and the opportunity to meet other employees;
    • an overview of the business;
    • an explanation of the employee’s role and responsibilities;
    • an explanation of procedures and policies, dress code and payroll; and
    • an overview of the workplace health and safety procedures.
  • It may also be helpful to ensure that the new employee feels comfortable in the new workplace with regular meetings including the provision of feedback and the chance to answer questions.