Links and Free Resources
Links to some free resources and links to Awards, Pay Rates and other useful information.
Welcome to our Frequently
Asked Questions (FAQ) section. Here,
we have compiled answers to the most
common queries to help you quickly find
the information you need. If you don't
find your question answered here,
please feel free to contact
[email protected]
Frequently Asked Questions
Welcome to our Frequently Asked Questions (FAQ) section. Here, we have compiled answers to the most common queries to help you quickly find the information you need.
What is a Fair Work Information Statement?
The Fair Work Information Statement (FWIS) gives details to employees about their conditions of employment in accordance with the National Employment Standards (NES). The FWIS explains each of the National Employment Standards and gives information about Awards, Agreements, the role of the Fair Work Commission & Fair Work Ombudsman, termination, and flexibility arrangements.
Who Should Receive the Fair Work Information Statement?
All new employees (including casual employees) that have commenced employment after 1 January 2010 should receive a copy of the FWIS. You should give the FWIS to all new employees before their employment starts or as soon as practicable after the employee starts work, ideally at the same time as they are given their employment contract.
What is a Casual Employment Information Statement?
Employers have to give every new casual employee a Casual Employment Information Statement (the CEIS) before, or as soon as possible after, they start their new job.
Employers also have to give every new casual employee a copy of the Fair Work Information Statement (the FWIS) at the same time.
The CEIS has information about:
• the definition of a casual employee
• when an employer has to offer casual conversion
• when an employer doesn’t have to offer casual conversion
• when a casual employee can request casual conversion
• casual conversion entitlements of casual employees employed by small business employers
• the role of the Fair Work Commission to deal with disputes about casual conversion.
Do I have to give my employee a payslip?
Yes. Employees should receive a payslip within one day of pay day.
What is the definition of “immediate family”?
“Immediate family” is defined in the Fair Work Act to mean: a spouse, de facto partner, child, parent, grandparent, grandchild, or sibling of the employee or a child, parent, grandparent, grandchild, or sibling of a spouse or a de facto of the employee.
How many hours does a full time employee work?
A 38 hour week is the maximum for a full time employee, unless additional hours are reasonable.
Can I ask my employee for a medical certificate when they are sick?
You can, but employees need to know what you expect.
If you require your employees to provide a medical certificate for an absence, you should state this in your Leave Policy.
What is Annual Leave?
Annual leave (also known as holiday leave) allows an employee to be paid while they have time off from work.
Permanent employees are entitled to 4 weeks annual leave per year.
How much annual leave are employees entitled to?
Permanent employee are entitled to 20 days annual leave.
Part time employees accrue leave on a pro rata basis.
Casual employees aren’t entitled to annual leave.
Can I direct my employees to take annual leave, for example at Christmas shut down?
As an employer, you can direct an employee to take annual leave, but the request has to be reasonable.
Employees can be directed to take annual leave during a shut down and are paid annual leave entitlements, if they don’t have any annual leave, they may take leave without pay.
If an employee has accumulated excess annual leave, they can also be directed to take annual leave.
Details are usually stated in the Award or Agreement.
What is Personal/Carer’s Leave?
Personal/Carer’s leave is taken by an employee when they are sick or if they have to care for an immediate family member or household member.
Sick leave can be used when an employee is ill or injured.
An employee may have to take time off to care for an immediate family or household member who is sick or injured or help during a family emergency. This is known as carer’s leave but it comes out of the employee’s personal leave balance.
How much personal/carer’s leave are employees entitled to?
Permanent employee are entitled to 20 days personal/carer’s leave.
Part time employees accrue leave on a pro rata basis.
Casual employees aren’t entitled to paid personal/carer’s leave but they are entitled to unpaid carer’s leave.
What is Community Service Leave?
Community service leave is available for activities such as: a voluntary emergency management activity, jury duty, including attendance for jury selection.
Who has the right to work
in Australia?
Australian citizens, permanent residents, New Zealand citizens and someone with an appropriate valid working visa.
What documents can I accept as evidence that someone has the
right to work in Australia?
The following documents can be used as evidence of having the right to work in Australia:
• Evidence of permanent resident status
• Temporary visa with entitlement to work
• Australian or New Zealand passport
• Certificate of Australian citizenship
• Australian Birth Certificate
What documents should I provide a new employee?
• An Employment Contract;
• An Employee Policies Handbook;
• A tax declaration form;
• A choice of superannuation form;
• An employee details form (including banking details & emergency contact details).
Can I ask an applicant to provide a criminal record check?
Employers should only ask an applicant to provide a criminal record check where there is a connection between the inherent requirements of the job and a criminal record.
It’s a summary of any person’s police history information in Australia.
If you require a criminal record check, you should state this clearly in the job ad & information sent out to applicants. You can’t do a criminal record check on a person without their consent.
Can I ask an applicant to get a
Working With Children Check?
You can ask an applicant to provide a Working With Children Check if they are going to work directly with children, in areas of work specified as child-related work, or work in a designated role as stated in the legislation.
Should leave balances be on a
pay slip?
It’s not a requirement, but it’s best practice. If an employee asks for their leave balance, an employer needs to tell them.
Do I have to give my employees a lunch break?
Yes. Modern awards generally include provisions for meal breaks (e.g. if the employee is required to work for more than 5 hours they get an unpaid meal break).
Check your specific award.
What are flexible working arrangements?
The Fair Work Act 2009 provides employees with a legal right to request flexible working arrangements.
Employers must seriously consider a request for flexible working arrangements but may refuse on reasonable business grounds.
Before responding to a request from an eligible employee, an employer must first discuss the request with the employee to try to reach an agreement about a change to their working arrangements.
Requests can only be refused on reasonable business grounds. If employers refuse a request, they need to provide the employee with a written response.
Can I give my employees food
or goods instead of paying them money?
Employees need to be paid money for their work – they cannot be “paid in-kind” (for example, with food or products).
What is a hazard?
A hazard is something that can cause harm.
What is a risk?
A risk is the chance that a hazard will actually cause somebody harm
What is redundancy?
Redundancy happens when an employer either doesn’t need an employee’s job to be done by anyone or becomes insolvent or bankrupt.
What is a public holiday?
Public holidays can be different depending on the state or territory you work in.
Public holidays are an entitlement in accordance with the National Employment Standards (NES). The NES apply to all employees covered by the national workplace relations system, regardless of any award, agreement or contract.
The NES provide an entitlement for employees to be absent from work on a day or part-day that is a public holiday.
If an employee works on a public holiday, they are usually entitled to penalty rates.
Do employees on probation
accrue leave?
Yes. Employees on probation are subject to the same conditions of employment as your other employees.
Leave accrues during the probation period, it accrues from day one of employment
Do I have to pay employees
more if they work on a weekend
or public holiday?
Yes. Employees often get penalty rates when working weekends, public holidays, overtime, late night shifts or early morning shifts. Usually the Award or Agreement will set these rates.
What details should be on a
pay slip?
Payslips must contain details of the payments, deductions, and superannuation contributions for each pay period.
They should include:
• The employer’s and employee’s name
• The employer’s Australian Business Number (ABN)Dates of the pay period
• Date of payment
• Gross and net pay
• For employees that paid an hourly rate:
* The ordinary hourly rate
* Number of hours worked at that rate
* Total dollar amount of pay at that rate
• any loadings, allowances, bonuses, incentive-based payments, penalty rates or other paid entitlements that can be separated out from an employee’s ordinary hourly rate
• the pay rate that applied to the employment
• any deductions from the employee’s pay, including:
* the amount and details of each deduction
* details of the deduction
• any superannuation contributions paid for the employee’s benefit, including:
• the amount of contributions made during the pay period (or the amount of contributions that need to be made)
• the name and/or number of the superannuation fund the contributions were made to.
Can I email payslips to my
employees?
Pay slips have to be in either electronic form or hard copy. Electronic pay slips must have the same information as paper pay slips.
Do I have to pay my employee
to come in for a meeting or if
they open and close before and
after hours?
If an employee is required to open and/or close the business or attend a team meeting, they have to be paid the right pay for their time.
What are allowances and what
are they paid for?
Allowances are extra payments made to employees who do certain tasks or have a particular skill, use their own tools at work, work in unpleasant or dangerous conditions. Usually, the Award or Agreement will set these allowance rates.
What is workplace bullying?
A worker is bullied at work if:
• a person or group of people repeatedly act unreasonably towards them or a group of workers
• the behaviour creates a risk to health and safety.
Examples of bullying include:
• behaving aggressively teasing or practical jokes
• pressuring someone to behave inappropriately
• excluding someone from work-related events or
• unreasonable work demands.
What is not considered bullying?
Reasonable management action that’s carried out in a reasonable way is not bullying. If performance issues need to be addressed, it should be done in a constructive and supportive way, focusing on any positives as well as the negatives. It should never be humiliating or demeaning.
Not all behaviour that makes a worker feel upset or undervalued is workplace bullying.
Unreasonable behaviour in isolation is not workplace bullying but it may be unlawful discrimination or sexual harassment.
Differences of opinion and disagreements are usually not workplace bullying.
What is unfair dismissal?
Unfair dismissal is when an employee is dismissed from their job in a harsh, unjust or unreasonable manner.
How long does an employee
have to lodge an unfair
dismissal claim?
If an employee wants to submit an unfair dismissal claim, they have to apply to the Fair Work Commission within 21 days of the dismissal taking effect.
When can an employee lodge
an unfair dismissal claim?
Employees have to be employed for at least 6 months before they can apply for unfair dismissal. Employees working for a small business have to be employed for at least 12 months before they can apply.
How long does an employee
have to lodge an unfair
dismissal claim?
If an employee wants to submit an unfair dismissal claim, they have to apply to the Fair Work Commission within 21 days of the dismissal taking effect.
Our Latest Blog Post
Planning Employee Leave for the Year
Annual Leave Planning for the 2025 Christmas/New Year shutdown: A Guide for Australian Businesses
It’s just over 13 weeks until Christmas.
It's a good time to start planning for the Christmas/New Year period if you shutdown over that time. Determine the specific dates your business will be closed, and communicate this to your employees and clients.
Effective annual leave planning is important for a healthy and productive workplace.
As your trusted HR partner, we’ve put together a guide to help you manage annual leave proactively especially when planning for your Christmas/New Year shutdown.
Plan Ahead for the Christmas/New Year Shutdown:
If your business closes over the Christmas/ New Year period, you need to provide employees with the appropriate written notice as specified in their Award. You need to do this even if you have the information in an employment contract because you have to inform your employees of the dates each year.
It’s also wise to check if employees have enough leave to cover this period. If they don’t, you can explore options like agreeing in writing to take a period of unpaid leave or allowing them to take annual leave in advance. (Regularly checking leave balances when employees apply for leave throughout the year can be good too)
Just be sure to get a written agreement for any leave taken in advance (that puts an employee into a negative balance), outlining that they will repay the value if their employment ends before the leave is accrued. It's also important to understand that you can't force an employee to take unpaid leave, so making sure you come to a written agreement is important.
If you have an employee that is hired after the initial notice of the shutdown has been given to your team, you must give that employee notice as soon as reasonably possible (for example, it's a great idea to let them know as part of their induction, or even in the recruitment process).
Your employees are entitled to be paid for any public holidays during the shutdown period that fall on days they would normally work. This applies even if they have agreed to take a period of unpaid leave.
Why Strategic Leave Planning is Crucial for Your Business
A well-thought-out leave plan benefits both your business and your employees. Here’s why it’s essential:
Avoid Disruptions and Staffing Shortages: Last-minute leave requests can throw a spanner in the works. Planning ahead ensures you have adequate coverage, preventing disruptions to productivity and customer service.
Boost Employee Wellbeing: Regular breaks are vital for preventing burnout and keeping your team engaged and productive. Encouraging planned time off shows you value their wellbeing.
Ensure Compliance: As an employer in Australia, you have obligations under the National Employment Standards (NES) to provide annual leave. Proper planning helps you meet these requirements and ensures your payroll system accurately accrues leave entitlements.
Practical Strategies for Proactive Leave Management
Ready to take control of your leave planning? Here’s our best HR advice for 2025:
Create a Centralised Leave Calendar: A shared calendar, whether it’s a physical whiteboard or a digital tool, provides a clear overview of public holidays, peak periods, and approved leave. This helps employees choose dates that don't clash with critical business operations or when someone else is on leave.
Communicate Policies Early and Clearly: Your HR policy handbook should clearly outline leave policies, including notice periods, any restrictions during busy seasons, and the process for submitting leave requests. This transparency helps prevent misunderstandings and sets clear expectations.
Manage Peak Periods Effectively: Identify the busiest times of the year for your business and plan your staffing accordingly. For example, if you're in the retail sector, it’s best to avoid approving leave during peak holiday shopping seasons.
Be Fair and Consistent: Maintain a transparent and fair process for approving leave requests. Apply policies consistently to all employees to avoid any perception of favouritism. If your policy limits how many people can be on leave at one time, ensure it's applied fairly across the board.
Tools to Streamline Leave Management
You don’t have to manage leave manually. Here are some tools that can simplify the process:
HR and Rostering Software: Cloud-based HR and rostering systems are excellent for tracking and managing leave requests and entitlements automatically.
Spreadsheets: For smaller teams, a well-organised spreadsheet can be a simple and cost-effective way to track leave.
Whiteboard: A leave roster could be displayed in the office on a Whiteboard.
Automated Alerts: Many systems allow you to run regular reports and set up reminders for employees with high leave balances, encouraging them to book some time off.
A Quick Refresher on Annual Leave Entitlements in Australia
The National Employment Standards give details of what annual leave employees are entitled to:
Four weeks of paid annual leave per year for full-time employees.
Four weeks of paid annual leave (pro-rata) for part-time employees, based on their contracted hours.
Annual leave loading for employees covered by specific awards or enterprise agreements - your Award or Agreement will set out the entitlements.
It’s crucial to stay up-to-date with your Award conditions to ensure you remain compliant with all leave loading and Fair Work requirements.
Final Thoughts
Strategic leave planning is all about finding the right balance—ensuring your team gets the rest they need while keeping your business operating smoothly. By adopting these practices, you can create a win-win situation for both your employees and your bottom line.
If you’re struggling to manage leave or other HR challenges, My HR Partner is here to help. We specialise in simplifying people management for businesses across Australia, allowing you to focus on what you do best.
Need expert support with your HR? Contact us today to learn how we can tailor a solution for your business!
We provide HR advice and support. We have trusted partners to assist with any employment law issues
outside of our scope.
More info
Get HR Advice from our HR expert
Our Latest Blog Post
Planning Employee Leave for the Year
Annual Leave Planning for the 2025 Christmas/New Year shutdown: A Guide for Australian Businesses
It’s just over 13 weeks until Christmas.
It's a good time to start planning for the Christmas/New Year period if you shutdown over that time. Determine the specific dates your business will be closed, and communicate this to your employees and clients.
Effective annual leave planning is important for a healthy and productive workplace.
As your trusted HR partner, we’ve put together a guide to help you manage annual leave proactively especially when planning for your Christmas/New Year shutdown.
Plan Ahead for the Christmas/New Year Shutdown:
If your business closes over the Christmas/ New Year period, you need to provide employees with the appropriate written notice as specified in their Award. You need to do this even if you have the information in an employment contract because you have to inform your employees of the dates each year.
It’s also wise to check if employees have enough leave to cover this period. If they don’t, you can explore options like agreeing in writing to take a period of unpaid leave or allowing them to take annual leave in advance. (Regularly checking leave balances when employees apply for leave throughout the year can be good too)
Just be sure to get a written agreement for any leave taken in advance (that puts an employee into a negative balance), outlining that they will repay the value if their employment ends before the leave is accrued. It's also important to understand that you can't force an employee to take unpaid leave, so making sure you come to a written agreement is important.
If you have an employee that is hired after the initial notice of the shutdown has been given to your team, you must give that employee notice as soon as reasonably possible (for example, it's a great idea to let them know as part of their induction, or even in the recruitment process).
Your employees are entitled to be paid for any public holidays during the shutdown period that fall on days they would normally work. This applies even if they have agreed to take a period of unpaid leave.
Why Strategic Leave Planning is Crucial for Your Business
A well-thought-out leave plan benefits both your business and your employees. Here’s why it’s essential:
Avoid Disruptions and Staffing Shortages: Last-minute leave requests can throw a spanner in the works. Planning ahead ensures you have adequate coverage, preventing disruptions to productivity and customer service.
Boost Employee Wellbeing: Regular breaks are vital for preventing burnout and keeping your team engaged and productive. Encouraging planned time off shows you value their wellbeing.
Ensure Compliance: As an employer in Australia, you have obligations under the National Employment Standards (NES) to provide annual leave. Proper planning helps you meet these requirements and ensures your payroll system accurately accrues leave entitlements.
Practical Strategies for Proactive Leave Management
Ready to take control of your leave planning? Here’s our best HR advice for 2025:
Create a Centralised Leave Calendar: A shared calendar, whether it’s a physical whiteboard or a digital tool, provides a clear overview of public holidays, peak periods, and approved leave. This helps employees choose dates that don't clash with critical business operations or when someone else is on leave.
Communicate Policies Early and Clearly: Your HR policy handbook should clearly outline leave policies, including notice periods, any restrictions during busy seasons, and the process for submitting leave requests. This transparency helps prevent misunderstandings and sets clear expectations.
Manage Peak Periods Effectively: Identify the busiest times of the year for your business and plan your staffing accordingly. For example, if you're in the retail sector, it’s best to avoid approving leave during peak holiday shopping seasons.
Be Fair and Consistent: Maintain a transparent and fair process for approving leave requests. Apply policies consistently to all employees to avoid any perception of favouritism. If your policy limits how many people can be on leave at one time, ensure it's applied fairly across the board.
Tools to Streamline Leave Management
You don’t have to manage leave manually. Here are some tools that can simplify the process:
HR and Rostering Software: Cloud-based HR and rostering systems are excellent for tracking and managing leave requests and entitlements automatically.
Spreadsheets: For smaller teams, a well-organised spreadsheet can be a simple and cost-effective way to track leave.
Whiteboard: A leave roster could be displayed in the office on a Whiteboard.
Automated Alerts: Many systems allow you to run regular reports and set up reminders for employees with high leave balances, encouraging them to book some time off.
A Quick Refresher on Annual Leave Entitlements in Australia
The National Employment Standards give details of what annual leave employees are entitled to:
Four weeks of paid annual leave per year for full-time employees.
Four weeks of paid annual leave (pro-rata) for part-time employees, based on their contracted hours.
Annual leave loading for employees covered by specific awards or enterprise agreements - your Award or Agreement will set out the entitlements.
It’s crucial to stay up-to-date with your Award conditions to ensure you remain compliant with all leave loading and Fair Work requirements.
Final Thoughts
Strategic leave planning is all about finding the right balance—ensuring your team gets the rest they need while keeping your business operating smoothly. By adopting these practices, you can create a win-win situation for both your employees and your bottom line.
If you’re struggling to manage leave or other HR challenges, My HR Partner is here to help. We specialise in simplifying people management for businesses across Australia, allowing you to focus on what you do best.
Need expert support with your HR? Contact us today to learn how we can tailor a solution for your business!
We provide HR advice and support.
We have trusted partners to assist with
any employment law issues outside
of our scope.
More info
PO Box 1079
Coolangatta QLD 4225
ABN 30 644 527 015
Get HR Advice from our HR expert