The minimum conditions under the Workplace Relations Amendment (Work Choices) Act 2005 (Cth.).

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Australian Fair Pay and Conditions Standard

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Do you need to comply?

The Australian Fair Pay and Conditions Standard (the AFPCS) applies to all employees except those covered by a pre-reform certified agreement or an Australian Workplace Agreement made prior to 27 March 2006. The AFPCS may also apply where an employer is covered by a pre-reform certified agreement which does not deal with one of the conditions provided for by the AFPCS. Award conditions continue to apply to award covered employees where such provisions are more favourable than the corresponding conditions under the AFPCS.

Conditions of compliance

The Fair Work (Transitional and Consequential Provisions) Amendment Act 2009 (the Transitional Act) provides that the AFPCS applies to all employees who were covered by the former Educational Services Industry Sector Order (ESIS) and Schedule 1A of the Workplace Relations Act 1996 (Cth.) and Award employees during the period 1 July – 31 December 2009 (known as the bridging period).

All workplace agreements approved after 27 March 2006 and during the bridging period must comply with the AFPCS.

A certified agreement made prior to 27 March 2006 does not need to comply with the AFPCS provided that it deals with each of the conditions prescribed by the AFPCS in a substantive manner.

Award provisions for employees covered by an award will continue to apply where they are more favourable than the AFPCS in relation to a particular respect as defined by the Workplace Relations Act 1996 (Cth.).

If you have to comply, what do you have to do?

There are five minimum conditions that make up the AFPCS:

1. Right to a minimum rate of pay for each hour worked
2. Maximum ordinary hours of 38 per week with reasonable additional hours
3. 4 weeks’ annual leave
4. 10 days’ personal leave (including sick and carer's leave) and 2 days’ compassionate leave per occasion
5. 52 weeks’ unpaid parental leave.

The maximum hours of work provision of the AFPCS must be complied with from 27 March 2009 for all Award-covered employees.

Detailed information about the AFPCS can be downloaded here.

The National Employment Standards (NES) will replace the AFPCS from 1 January 2010. Further information about the NES can be downloaded here.

What are the consequences if you don't comply?

Member Schools could be exposed to penalties of up to $33,000 for a corporation or $6000 for an individual, per breach, for failing to comply with the AFPCS.

Who will help you?

AISV contacts:

Kerri Knopp
Director, Strategic Relations
Ph. 03 9825 7210
Kerri.knopp@ais.vic.edu.au

Sandro Mazzotta
Workplace Relations Advisor
Ph. 03 9825 7206
sandro.mazzotta@ais.vic.edu.au

Sarah Matar
Workplace Relations Adviser
Ph. 03 9825 7215
sarah.matar@ais.vic.edu.au

Submitted 4/11/2006, edited 24/8/2009.

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