Awards and employment conditions

The Fair Work Ombudsman (FWO) is Australia's national workplace regulator.

Its main job is to make sure employers and employees follow the rules set out in the Fair Work Act 2009. It does this by providing free information, advice and tools investigates complaints and can act when workplace laws are not being followed.

Go to the FWO if you need help with:

• understanding your obligations as an employer
• your rights and responsibilities when hiring employees
• understanding pay rates, award coverage, or penalty rates
• checking leave entitlements
• resolving workplace problems
• ending employment, notice periods and final pay

The FWO website offers a wide range of practical resources, tools and support to help you understand and manage your workplace obligations with confidence https://www.fairwork.gov.au/

The Fair Work Commission (FWC) is Australia's independent national workplace tribunal and registered organisation regulator.

The FWC make awards, approve enterprise agreements and help resolve issues at work. They set and review rules that employers and employees must follow including minimum wages and the conditions in modern awards. The FWC deal with disputes between employers and employees that happen in the workplace.

Go to the FWC if you need help with:

• an unfair dismissal claim
• approving or varying an enterprise agreement
• a dispute about an award or an agreement
• workplace bullying or sexual harassment
• understanding changes to minimum wages or award conditions.

Visit the FWC website for further information on what they do Fair Work Commission.

Employers must meet certain legal obligations when employing staff.

These include paying correct wages, providing appropriate breaks, managing leave and understanding award coverage.

To learn more or to check your obligations, visit or contact the Fair Work Ombudsman.

This website answers common questions and offers practical tools for creating contracts and managing entitlements.

What is an award?

An award is a legal document that outlines the minimum pay and conditions for employees in a specific industry or occupation.

Awards cover things like:

• minimum wage rates
• hours of work and overtime
• penalty rates and allowances
• breaks and leave entitlements.

For example, the award for a hospitality worker is different from that of a construction worker.

It's important to note that awards do not apply to independent contractors, as they are not considered employees under the Fair Work Act 2009 and are subject to different conditions.

Check that you are paying your employees correctly

What is an enterprise agreement?

An enterprise agreement is a negotiated arrangement between an employer and a group of employees (or their representatives).

These agreements are specific to the business and often allow for more flexibility than a standard award.

Once negotiated, the agreement must be approved by the Fair Work Commission.

Find out more about enterprise agreements

The NES aim is to make sure that all employees are treated fairly at work.

These are the minimum standards that apply and must be reflected in every employment contract.

The NES includes:

• maximum weekly hours
• offers and requests to convert from casual to permanent employment
• parental leave
• annual leave
• personal leave
• carer’s leave
• compassionate leave
• family and domestic violence leave
• community service leave
• public holidays
• notice of termination and redundancy pay
• requests for flexible working arrangements
• superannuation contributions
• Fair Work Information Statement and Casual Employment Information Statement.

Find out more about the National Employment Standards

By law, you must give your new employees specific documents when they start.

• Fair Work Information Statement – for all employees.
• Casual Employment Information Statement – for casual employees.
• Fixed Term Contract Information Statement – for fixed-term employees.

The decision to employ someone must be based entirely on their ability to do the job that you have advertised for - not personal characteristics.

Having a well-designed position description will help you to make a decision based on facts and the candidate's ability to undertake the duties .

The Fair Work Act states that candidates should not be discriminated against because of any of the following reasons:

• race
• age
• colour
• physical or mental disability
• marital status
• sex
• gender identity
• breastfeeding
• intersex status
• family or carer’s responsibilities
• social origin
• religion
• political opinion
• national extraction
• pregnancy
• sexual orientation
• experiencing family and domestic violence.

Find out more about anti-discrimination laws in Tasmania

The Fair Work Ombudsman has created a printable PDF on discrimination in the workplace which is a useful guide .

Since 2025 all workers in Australia have had the legal right to disconnect.

This means they can ignore work calls, emails or messages outside of their working hours, unless the contact is reasonable or part of their role.

This change supports work-life balance.

Find out more about the right to disconnect

The Fair Work Act gives employees the right to ask for flexible working arrangements to better balance life and work.

Flexibility can improve wellbeing, increase productivity and help retain good staff.

Flexible work arrangements might include:

• job sharing, where two or more employees work part-time hours to make up one full-time role
• changes to start and finish times
• flexitime, where an employee chooses to start and finish work at different times while still working the required number of hours across a work week
• employees can ‘accumulate’ hours worked to take time off later
• compressed work hours – for example, where an employee works full-time hours over fewer days than a standard working week
• working from home
• hybrid work – a blend of working from the workplace and from home
• moving from full-time work to part-time work.

Find out how to create a flexible workplace

Once you’ve offered someone a job, the next step is to create a written employment contract.

This sets out clear expectations for both you and your new employee and in some cases, this becomes a starting point for negotiations of pay and working conditions.

Key information to include:

• full names, addresses and contact information
• the employee's role, title and responsibilities
• full-time, part-time, casual or temporary
• the start date
• the work location(s).

Terms and conditions:

• define the salary, wage, hourly rate or any other compensation arrangements
• specify the regular hours of work, including any potential overtime
• outline the employee's leave entitlements, such as annual leave, sick leave and public holidays
• clearly define the notice period required by both the employer and the employee for termination of employment
• specify the length of the probationary period and the process of check-ins throughout this period
• if needed, include clauses to protect confidential information
• address ownership of intellectual property created during employment
• outline a process for resolving any disputes that may arise between the employer and employee.

Keep it simple:

• use simple, plain language
• ensure the contract is well-organised and easy to read
• use a template or sample contract and tailor it to your specific needs.

Legal requirements:

• Check with a legal professional to ensure compliance with relevant laws and regulations, such as the Fair Work Act

Sign:

• ensure both parties have a copy of the signed and dated contract
• keep the contract for your records.

For a step-by-step guide to creating employment contracts

A free service for businesses with up to 20 employees which can assist with:

• advice and support to understand Fair Work and industrial relations requirements in your business
• attracting new employees
• keeping great employees for longer
• developing workforce policies and procedures
• building a positive workplace culture, and
• being recognised as an Employer of Choice.

Find out more about the Employer of Choice Assist

Small business owners and managers can access free, immediate advice on compliance with Fair Work Act obligations and employee awards, pay rates and leave entitlements.

Phone Business Tasmania on 1800 440 026 to speak to the helpline service.

Workplace Relations Essentials.

A national program designed to help you understand and implement workplace relations requirements in your business.

It provides plain English resources, including step-by-step guides, information kits, fact sheets, FAQs and compliance checklists to help you navigate changes to workplace laws and meet your obligations as an employer.

Find out more about Small Business Peak