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,
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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
What Is a Psychosocial Hazard and What Does It Mean for Your Small Business?
If you've been hearing the term "psychosocial hazard" lately and wondering what it actually means for your business, you're not alone.
It sounds technical. But it doesn't have to be complicated.
Here's a plain English explanation of what it means, what's now required of you as an employer, and why having good intentions isn't always enough.
What Is a Psychosocial Hazard?
A psychosocial hazard is anything about how work is set up or managed that could cause psychological harm to someone in your team.
It's not just about obvious things like bullying or harassment. It also includes everyday situations like:
Workloads that are consistently too high
Unclear expectations or constantly shifting priorities
Poor communication from management
Lack of support when things go wrong
Job insecurity or constant change
Low recognition for good work
People feeling micromanaged or powerless in their role
These things are more common in small businesses than most owners realise, especially when teams are lean and everyone is stretched.
What Does the Law Now Require?
As of December 2025, psychosocial hazard regulations are now enforceable across every Australian state and territory. Victoria was the last to come on board, so there are no longer any exceptions.
Under Work Health and Safety (WHS) law, every employer regardless of size must:
Identify psychosocial hazards in the workplace
Assess the risks those hazards create
Put controls in place to eliminate or minimise those risks
Review those controls regularly
This is the same four-step process already used for physical hazards like a wet floor, a trip hazard or a faulty piece of equipment. Psychological risks are now treated the same way.
The key phrase in the legislation is "so far as is reasonably practicable." This doesn't mean eliminating all stress from work. It means taking reasonable steps to identify what might be causing harm and doing something about it. Just the same as it's unlikely you can completely eliminate physical hazards.
Having Good Intentions Isn't Always Enough
A lot of business owners hear "psychosocial hazards" and might think "We've got an EAP (Employee Assistance Program). Our team knows they can access support if they need it. We're covered."
Having an EAP is genuinely valuable, but it's not enough on its own.
Think of it this way - An EAP is there to support people who are already struggling. It doesn't prevent the harm from happening in the first place. It's a support but it's not a preventative measure.
The same goes for having a mental health policy or running an RUOK? Day event. These things matter, but they don't replace a proper approach to managing risk.
What regulators are now looking for is structural change, not just awareness and good intentions.
So What Does That Actually Look Like?
It comes down to how work is designed and managed in your business day to day. Here are the areas regulators focus on:
Workload and job demands
Are your team members regularly working beyond their hours?
Are deadlines unrealistic?
Is one person consistently covering two roles?
Chronic overwork is now a legal risk, not just a culture problem.
Role clarity
Do your people know what's expected of them?
Do they understand what decisions they can make on their own?
Ambiguity and confusion create stress, and over time that can cause real harm.
Manager behaviour
How managers communicate, delegate, give feedback, and handle conflict is now a compliance matter.
This includes you, if you're also managing people day to day.
Poor people management is one of the biggest psychosocial risk drivers.
Control and autonomy
People who have at least some say in how they do their work tend to experience lower levels of stress.
Micromanagement, even when well-intentioned, can create risk.
Support and recognition
People who feel invisible at work, or who work hard without any acknowledgement, are more vulnerable to psychological harm.
This doesn't have to mean formal rewards. Regular check-ins and honest, caring feedback can make a real difference. It could be as. simple as a "thank you".
Change management
If restructures, ownership changes ornew systems aren't handled thoughtfully, they create real uncertainty and anxiety for your team.
That's also a psychosocial hazard.
What Are Regulators Actually Looking For?
WHS inspectors are now issuing improvement notices to businesses for things like:
Excessive or unrealistic workloads
Unresolved conflict in the team
Harmful or dismissive management behaviour
No clear way for employees to raise concerns
No documentation showing hazards have been identified and managed
For a small business, this doesn't mean you need a psychologist on staff or a complex safety system. It means being able to show that you've thought about it, taken some action, and kept a record.
Where Do You Start?
If this feels overwhelming, here are some simple, practical first steps:
1. Talk to your team
Have a genuine conversation about whether workloads are manageable, whether expectations are clear, and whether people feel comfortable raising concerns. It doesn't need to be formal. A real conversation is a good starting point.
2. Look honestly at how work is designed
Are any roles consistently overloaded? Are there people who never seem to take a proper break? Is there anything about the way work is managed that might be creating pressure or anxiety? Start there.
3. Add psychosocial hazards to your WHS risk register
If you already have a risk register, it should now include psychological risks alongside physical ones. If you don't have one, this is a good time to put a simple version in place.
4. Document what you're doing
You don't need lengthy reports. But being able to show that you identified a concern, took a reasonable step to address it, and plan to review it can make a real difference if a complaint or inspection ever arises.
5. Don't rely on EAP alone
Keep it, it's a genuinely useful resource. But pair it with prevention. Think of an EAP as support for when harm has already occurred. Your obligation as an employer is to reduce the likelihood of harm happening in the first place.
A Note on Business Size
Some business owners assume these obligations are really aimed at larger organisations. They're not.
The "reasonably practicable" standard does take your size and resources into account. A 5-person business won't be held to the same standard as a 500-person organisation. But being small isn't a reason to do nothing.
The Bottom Line
Psychosocial hazards aren't as complicated as they sound. They're the parts of work that quietly wear people down over time:
too much pressure
too little support
unclear expectations
feeling unheard
You probably already have a sense of where those pressure points are in your business. The question is whether you're actively doing something about them. That's what's now required.
If you'd like help working out what this looks like in practice for a business your size, that's exactly the kind of support we offer at My HR Partner.
Get in touch and we can work through it together. https://myhrp.com.au/hr-advice-calls
This article provides general information only and does not constitute legal or professional advice. If you have specific concerns about your WHS obligations, we recommend seeking tailored advice.
We provide HR advice and support. We have trusted partners to assist with any employment law issues
outside of our scope.
More info
Suite 17, 741-743 Lawrence Hargrave Drive, Coledale NSW 2515
Suite 4, 133 Wharf Street, Tweed Heads NSW 2485
ABN 30 644 527 015
Get HR Advice from our HR expert
We provide HR advice and support.
We have trusted partners to assist with
any employment law issues outside
of our scope.
More info
Suite 17, 741-743 Lawrence Hargrave Drive, Coledale NSW 2515
Suite 4, 133 Wharf Street, Tweed Heads NSW 2485
ABN 30 644 527 015
Get HR Advice from our HR expert