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Enterprise agreements and awards both set out wages and conditions of employment. Minimum terms also protect all employees, with or without an agreement or award.
Awards tell employees the terms and conditions of their employment. Most awards cover a whole industry or occupation. Examples are ‘retail industry’ or ‘legal services'. The employee receives the benefits in the award plus other terms the law requires (for example the National Employment Standards). Examples of the terms in an award are:
If you know your award, find it in our List of awards A to Z. To find out if an award covers you, you can Find the right award on the Fair Work Ombudsman’s website.
Enterprise agreements are often similar to awards, but they cover a specific business or businesses. They may also have some terms and conditions that are different from the award. If an agreement applies to an employee, the modern award does not apply even if it covers them. An employer and 2 or more employees can create an agreement that meets the needs of the business. To make sure this is fair on employees, we assess all agreements. We only approve agreements that meet the requirements in the Fair Work Act 2009. Search for an agreement if you know the company name. Enterprise agreements had other names before the start of the Fair Work Act. Find out about Historical agreements and instruments.
All employees have a ‘safety net’ to give them minimum pay and conditions. If an employee is not covered by an award or an enterprise agreement, their entitlements are:
All awards and agreements must meet the requirements in the Fair Work Act.
Most small businesses are not covered by the Privacy Act 1988 (Privacy Act), but some are. A small business is one with an annual turnover of $3 million or less. Annual turnover for the purposes of the Privacy Act includes all income from all sources. It does not include assets held, capital gains or proceeds of capital sales. If the Privacy Act covers your small business you have some obligations. To see if your small business needs to comply with the Privacy Act complete our Privacy Checklist for Small Business, or seek advice from your industry association or lawyer. Does the Privacy Act cover your business?Regardless of turnover, the Privacy Act covers any business that is: What obligations does your business have?If the Privacy Act covers your small business, you’ll have to comply with the Australian Privacy Principles (APPs). It is important to remember that complying with the Privacy Act does not prevent you handling personal information for your business needs. Do you have other obligations under the Privacy Act?As well as the APPs, the Privacy Act includes specific matters that some small businesses may be required to comply with, including: For more information, see Credit Reporting and The Privacy (Tax File Number) Rule 2015 and the Protection of Tax File Number Information. What if your business breaches the Privacy Act?An individual has the right to complain if they think a business the Privacy Act covers has not complied with the Privacy Act when handling their personal information. If the Privacy Act covers your small business, the OAIC can investigate, conciliate and, if necessary, make determinations about complaints made about your handling of personal information. We may also commence a Commissioner-initiated investigation. Our Privacy Regulatory Action Policy explains our enforcement powers and regulatory approach. Privacy checklist for small businessOur checklist can help you decide if your small business needs to comply with the Privacy Act. It is not a substitute for legal advice, and you may need to seek advice from your lawyer or other advisers.
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