Industrial Instruments and Parental Leave in Australia

THE INDUSTRIAL INSTRUMENT 1
THE INDUSTRIAL INSTRUMENT
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THE INDUSTRIAL INSTRUMENT 2
Examples of industrial instruments include a pre-reform federal award and NAPSAs. The
minimal conditions stipulated under the Act will automatically apply and cannot be superseded
by any other prearrangement amongst the employer and an employee. The Fair Work Act
presented modern awards and enterprise pacts as new industrial tools, the Fair Work Act of 2009
conserved a number of existing industrial instruments(Commission, 2016).
Under the Fair Work Act, business owners can be held liable for breaches of the Act that
occurred way before they took ownership of the business. On many occasions, organizations
have being found liable under the Fair Work Act for failing to understand what their obligations
are under the Act. Employer obligations are rather complex and are constantly changing making
it rather difficult for employers to keep up with such changes. Breach of the Act can attract fines
of up to $12,600 for individuals and $63,000 plus any outstanding entitlement for employers.
The act provides for civil penalties which include issues related with the protected and
unprotected industrial action, modern awards and enterprise agreements, compliance with the
National Employment Standards, right of entry, and the protection of workplace rights and other
broad fortifications(“Industrial instrument | Workplace Info,” 2018).
Woolworth Australia
All Woolworth permanent employees working on either full time or part time employed
for a continuous period of not less than two years are entitled for an 8 weeks compensated
parental leave. The compensation is divided into two; 6 weeks remunerated parental leave and
two-week return to work bonus if you report to work within the first six months. Paid maternity
and paternity leave and extended unpaid leave allowed due to large number of employees willing
to work more. The parental leave together with annual leave and long service leave can amount
to 104 weeks.The paid parental leave is among some of the best benefits offered to its employees

THE INDUSTRIAL INSTRUMENT 3
as compared to other companies in the same field in terms of benefits offered. In line with the
company policy, Woolworth recently announced paid leave for the first time in Australian
history making it a competitive work environment for its female employees. It is also among the
largest employers of women in Australia. Woolworths offers her employees an aggregate of
eight weeks' paid leave with a preliminary six weeks and extra two weeks after the female
resume work. With time, the unpaid leave will change from one year to two. The flexibility
offered by the new scheme makes Woolworth Australia one of the most sought after employer
especially among women. The parental leave set a precedence in Australia however when
compared with international standards, the award is inadequate compared with how other
companies outside Australia does(“Industrial instrument | Workplace Info,” 2018).
The NES relate to all personnel under the national workplace relations system, in spite of
any contract, award, and pact. As per the NES, the least possible entitlement to unpaid parental
and associated entitlements is applicable to all personnel. The award goes further to recognize
same sex marriages. Apart from the unpaid parental leave, the NES further offers several related
entitlements including a return to work guarantee, consultation requirements, unpaid pre-
adoption leave, unpaid distinctive maternity leave, and the right to transfer to a safer job in
appropriate cases. All workers in Australia are qualified for unpaid parental leave if they have
concluded a minimal of 12 months of uninterrupted service with their employer. Casuals are
entitled to the parental leave if they have being contracted by the organization on a consistent
and organized basis for a structured period exceeding of a minimum of 12 months. Also, where
were it not for the birth or the adoption it would be reasonable to assume that they would still be
contracted on a regular and systematic basis (Australian Government, 2016).