What is Fair Work?
Answer
Legislation protecting workers' rights and employment conditions
Explanation
Fair Work is the federal system that sets minimum standards for pay, conditions, and rights for most employees in Australia. It was created by the Fair Work Act 2009 and replaced earlier industrial relations laws including the Howard government's WorkChoices regime. The system covers most private-sector employees and all employees of incorporated businesses, plus the public sector in some states.
Two government agencies administer the system. The Fair Work Commission is an independent tribunal that sets and reviews modern awards, approves enterprise agreements, hears unfair dismissal claims, and resolves industrial disputes. The Fair Work Ombudsman is the regulator that investigates complaints about underpayment, recovers wages owed, and educates employers and employees about their rights and obligations. Both are funded by the federal government and report to the Minister for Employment and Workplace Relations.
The core minimums under the Fair Work Act are set out in the National Employment Standards (NES), which apply to all employees regardless of their award or agreement. The eleven NES entitlements include four weeks of annual leave (five for shift workers), ten days of personal and carer's leave, twelve months of unpaid parental leave with the right to return to the same job, paid public holidays, notice of termination, redundancy pay, the right to request flexible work, and the right to disconnect outside work hours, the last added in 2024.
Workplaces are also covered by either a modern award (an industry or occupation minimum-conditions document set by the Fair Work Commission) or an enterprise agreement (a collective agreement negotiated between an employer and employees and registered with the Commission). The federal minimum wage, set each year by the Commission's Expert Panel, applies to employees not covered by an award or agreement. New citizens entering the Australian workforce should know that their conditions are set by some combination of NES, award or agreement, and individual contract terms.
Why this matters for your test
Fair Work governs the working conditions of most Australians, and being able to identify the Commission, the Ombudsman, and the National Employment Standards gives new citizens a basic map of their rights at work.
Source: Australian Citizenship: Our Common Bond (2024)
