Australian Fair Pay and Conditions Standard - Scope of The Standard

Scope of The Standard

Because the changes under WorkChoices rely to a large extent on the corporations power under the Australian Constitution, the Standard does not apply to all Australian workers. It applies to all employees in Victoria, the ACT, the Northern Territory, Christmas Island and Cocos (Keeling) Island because they are already within the federal workplace relations system. In Victoria, the application of the Standard (although universal) is slightly different in terms of the way Scales and wage rates will be adjusted by the Australian Fair Pay Commission.

In other parts of Australia, the following specific categories of employers and employees are not covered by the Standard:

• workers whose employers are not constitutional corporations (unless their employers fall within other specified categories);
• employees who were bound to an Australian Workplace Agreement which was approved by the Office of the Employment Advocate prior to 27 March 2006;
• workers covered by a Certified Agreement that was filed with or certified by the Australian Industrial Relations Commission prior to 27 March 2006. (In the case of an agreement that was filed before this date, but not certified, the employer would have to meet the Standard until the certification took place;
• employees who are bound by a state employment agreement that was made prior to 27 March 2006, insofar as the agreement addresses conditions otherwise addressed by the Standard.

Some entitlements under the Standard do not apply to casual employees. Generally, casuals have no entitlement to annual leave, personal/carer's leave, compassionate leave or parental leave. However, unpaid parental leave may be available to casual employees if they are eligible. Casuals are also eligible for unpaid carer's leave. In return for having no annual leave or personal leave entitlements, casuals are guaranteed a minimum casual loading percentage, which is currently set at 35%.