Even during times of economic crisis, trial periods and redundancies, employers must treat their workers fairly, reasonably and in good faith. So, what does this mean?

GENERAL

You are entitled to a written employment agreement:

• This can be an individual agreement (between you and your employer) or Collective (between you and other employees who are union members, and your employer).
• Your employment agreement must be in writing.
• You should get a copy of the employment agreement, and time to get independent advice about it, before you sign it.

There are rights you always have, even if you don’t have a written employment agreement.

Your rights include:

• Pay: $10 per hour for new entrants and trainees, and $12.50 per hour for everyone else.
• Annual leave: 4 weeks paid leave each year (this can vary if you are a part-time worker), and 8% of your gross wages if you are casual worker / are on a fixed-term contract of less than 12 months, or have resigned without using up all your annual leave.
  
• Public Holidays: Generally, 11 paid days a year if they fall on the days you usually work.
• Sick Leave: 5 days paid sick leave after 6 continuous months in the job.
• Parental Leave: Up to 14 weeks’ paid maternity leave and two weeks unpaid paternity leave.
• Flexible working hours
• Rest and meal breaks
• A safe work place

Remember you can negotiate with your employer to improve on these rights.


TRIAL PERIODS
Applies from 01 March 2009

What is it?
For 90 calendar days from your first day of work, your employer may be able to fire you without reaons. If you are on a valid trial period, you cannot take a personal grievance case for unfair dismissal.

When does it apply?

• When you are a new employee. A trial period cannot be put your existing employment agreement, or if you have previously worked for the same employer.
• Only in workplaces where employer has 19 or fewer workers.
• Only if it is agreed to in a signed, written employment agreement. You or your union can negotiate in good faith with your employer about a trial period.

Things to remember

• If you are in a trial period, you can still raise other personal grievances e.g.for sexual harassment, racial harassment or discrimination.
  
• An employer must give you notice of dismissal within the trial period.

REDUNDANCY

A redundancy happens when:

• Your work position is no longer needed; or
• There is a genuine decision for commercial reasons to discontinue employment.
  

Genuine reasons can include:

• Cutting staff numbers to increase business efficienc.
• Closing the business / outsourcing

You can’t be made redundant for work performance or personal issues.

Fair process

• If your employer is proposing to make your position redundant, they need to consult with you first, give you relevant information about why they are changing their business structure, and listen to what you have to say.
• Your employer should think about alternatives to redundancy, and offering to help you find new work.

Compensation
There is no general right to compensation for being made redundant. Your employer needs to agree to it.

If you feel you have been treated unfairly at work, it is always a good idea to get advice on your specific work situation.