Detailed Report: Fair Work Act 2009 and its Influence on HR Practices

This report provides an overview of the Fair Work Act 2009 and its significance in Australian employment law. It examines the National Employment Standards, focusing on key entitlements such as maximum weekly hours and parental leave. The report highlights how the Fair Work Act protec...Read More

Running Head: HR 0
Introduction of Human Resource and management

HR 1
Introduction
The Fair Work Act 2009 is the legislation governing workplace of Australia, which
delivers a balanced framework for productive and collaborative workplace associations that
encourage social inclusion and economic prosperity for all people of Australia (Gollan,
2009). It is stated that included in the Fair Work Act 2009 is the National Employment
Standards, which provides 10-employment entitlement to all the employees.
National Employment Standards and aim to protect workers
The National employment standards (NES) lead objectives are to protect the interest
of workers and it discusses and provides many of the entitlements that employer is required
to give employees, which further protects the interest of workers in two ways:
 Maximum weekly hours- It is stated that it forms part of the National Employment
Standards, which is established for the employees and situations in which he might
refuse a requirement to work additional hours if they considered it inconsistent
(Welcome to the Fair Work Ombudsman website, 2019). They should carry out
provisions for the averaging of work hours under a fair contract between an employer
and employee. It is to be noted that an employer should not direct a full-time
employee to work greater than provided work hours in a week i.e., 38 hours. In
addition, the hours’ personnel work in a week involve any hours of absence that is
sanctioned by the employer. It is stated that their additional hours are reasonable when
the employee is allowed to receive overtime-additional payment (Welcome to the Fair
Work Ombudsman website, 2019).
 Maternity and parental leave- It is to be stated that personnel can take parental leave
when a child is adopted and when employees give birth to a child as he is allowed 12
months of unpaid parental leave. The Eligibility criterion for a casual employee to be
qualified for unpaid parental leave is that they should have been operating on an
orderly manner. It also protects employees when they lost the job so they need to
contact the Fair Work Commission in the situation of discrimination and another
protected right. For this, they have provided 21 days from the day when the
application is lodged with the commission (Welcome to the Fair Work Ombudsman
website, 2019)

HR 2
Conclusion
In the conclusion, it has been stated that the Fair Work Regulations (2009) and the
Fair Work Act (2009) are considered as the major legislation, which governs the relationship
of the employee and employer in Australia. It also covers National Employment Standards
covers entitlements, which have to be delivered to all employees. In the above, the discussion
has been made on the parental leave and maximum weekly hours related entitlements.

HR 3
References
Gollan, P. J. (2009). Australian industrial relations reform in perspective: Beyond Work
Choices and future prospects under the Fair Work Act 2009. Asia Pacific Journal of
Human Resources, 47(3), 260-269
Welcome to the Fair Work Ombudsman website. (2019). Retrieved from
http://www.fairwork.gov.au/employee-entitlements/national-employment-standards
Welcome to the Fair Work Ombudsman website. (2019). Retrieved from
http://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/
minimum-workplace-entitlements/maximum-weekly-hours
Welcome to the Fair Work Ombudsman website. (2019). Retrieved from
https://www.fairwork.gov.au/leave/maternity-and-parental-leave