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Fair Work Act 2009
Div 13contains miscellaneous provisions relating to the National Employment Standards.
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Division 13 contains miscellaneous provisions relating to the National Employment Standards.
The National Employment Standards are minimum standards that apply to the employment of national system employees. Part 2‑1 (which deals with the core provisions for this Chapter) contains the obligation for employers to comply with the National Employment Standards (see section 44).
The National Employment Standards also underpin what can be included in modern awards and enterprise agreements. Part 2‑1 provides that the National Employment Standards cannot be excluded by modern awards or enterprise agreements, and contains other provisions about the interaction between the National Employment Standards and modern awards or enterprise agreements (see sections 55 and 56).
Divisions 2, 2A and 3 of Part 6‑3 extend the operation of the parental leave, paid family and domestic violence leave and notice of termination provisions of the National Employment Standards to employees not otherwise covered by those provisions.
60 Meanings of employee and employer
Division 2—The National Employment Standards
61 The National Employment Standards are minimum standards applying to employment of employees
(1) This Part sets minimum standards that apply to the employment of employees which cannot be displaced, even if an enterprise agreement includes terms of the kind referred to in subsection 55(5).
Note: Subsection 55(5) allows enterprise agreements to include terms that have the same (or substantially the same) effect as provisions of the National Employment Standards.
(2) The minimum standards relate to the following matters:
(a) maximum weekly hours (Division 3);
(b) requests for flexible working arrangements (Division 4);
(ba) casual employment (Division 4A);
(c) parental leave and related entitlements (Division 5);
(d) annual leave (Division 6);
(e) personal/carer’s leave, compassionate leave and paid family and domestic violence leave (Division 7);
(f) community service leave (Division 8);
(g) long service leave (Division 9);
(h) public holidays (Division 10);
(ha) superannuation contributions (Division 10A);
(i) notice of termination and redundancy pay (Division 11);
(j) Fair Work Information Statement (Division 12).
(3) Divisions 3 to 12 constitute the National Employment Standards.
Division 3—Maximum weekly hours