EMPLOYMENT
YOUR EMPLOYMENT FRAMEWORK
Even though you might not really turn your mind to it, when you agree to commence employment with your employer, you enter into a legal relationship with them. This relationship governs your rights and responsibilities, but also requires your employer to do certain things as well. What governs your employee/employer relationship? Your employment relationship is governed by the contract of employment you sign and/or agree to
What is an Award and an Enterprise Agreement? Every Nursing and Midwifery employment relationship in the ACT is subject to the National Employment Standards as set out in the Fair Work Act (see Part 2-2). These Standards set out minimum entitlements such as annual leave, personal leave and requesting flexible work arrangements. These Standards must always be met by your employer. In addition, an Award or an Enterprise Agreement adds to (or strengthens) these Standards and includes additional matters and entitlements such as your rate of pay, roster patterns, shift penalties and other types of
between the employer and employee. This contract
leave.
may be a detailed and extensive written contract or may
The key difference between an Award and an Enterprise
simply comprise of your letter of offer (and the terms set out in the letter) and your acceptance of this letter (which then creates the legal relationship). This legal relationship creates several well-established legal obligations, such as the employee agrees to undertaking lawful and reasonable duties, and that the employer agrees to pay the employee for undertaking these duties. However, this relationship is also heavily regulated by legislation, in particular Commonwealth legislation such as the Fair Work Act 2009, and by other instruments and regulations, such as ACT legislation (e.g. Work Health and Safety Act 2011) and any Enterprise Agreement or Industrial Award which applies.
Agreement is that the conditions and entitlements in an Award are set by the National Employment/Industrial Relation tribunal, the Fair Work Commission, whereas an Enterprise Agreement is a negotiated agreement between your employer and the employees (generally through the Union). Further, an Award will apply in the absence of an Enterprise Agreement (where an Enterprise Agreement will apply instead of the Award where one is in place, noting that not all workplaces will have an Enterprise Agreement). It should also be noted that the terms of an Agreement (or an Award) must also be followed by your employer and are enforceable under the Fair Work Act. Where an employer does not meet the terms of the Enterprise Agreement, the employer may face legal action and penalties.
18
Observations March 2022
