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Commonly Asked HR Questions

Better HR helps you get plain-english answers to commonly asked HR and employment law questions.

  • Is my business covered by the new Fair Work System?
  • Which of the 122 new Modern Awards are our employees covered by?
  • What National Employment Standards (NES) do we need to provide to employees?
  • Do I need to provide employees with a Fair Work Information Statement to avoid penalties of up to $63,000 per breach?
  • When do I need to give employees a pay slip and what information do I need to have on them to avoid fines from a Fair Work Inspector?
  • Under the NES, how many days of annual leave do we need to provide full-time employees each year?
  • Under the NES, how many days of personal carer’s leave must we provide full-time employees each year?
  • Do Fair Work Inspectors have the right to issue my business with on the spot penalties of up to $630 per breach of the Fair Work laws?
  • What is the maximum length of time that an employee may take on unpaid parental leave?
  • Under the NES, how much notice must we give to an employee that is dismissed during their probationary period?
  • Under the Fair Work Act 2009, a ‘small business’ is defined as a business with fewer than how many employees by way of headcount?
  • Are employees entitled to formally request flexible working arrangements if they’ve worked for us for at least a year and are 55 or older?
  • How many days after being dismissed does an employee have to lodge a claim for unfair dismissal?
  • Can employees refuse to work more than 38 hours per week even if the request is reasonable in the circumstances?
  • Under the NES, how much notice must an employee give us if they resign?
  • It is against the law for my business to pay out all of an employee’s unused annual leave if they ask you to do so.
  • Under the NES, how many days of compassionate leave can an employee take each time such leave is required?
  • Is leave taken to perform ‘Emergency Management Activities’ paid or unpaid?
  • What is the superannuation guarantee contribution?
  • Under the NES, what is the maximum number of ordinary working hours an employee can be required to work each week?
  • Can we deduct money from an employee’s final pay if they have not returned company-owned property?
  • How long must an employee be absent from work before we may consider dismissal?