About modern awards
The NTPS Enterprise Award 2016 was made under the Fair Work Act 2009 (Cth). It provides terms and conditions created to reflect employment arrangements that have been developed in the NTPS.
The NTPS Enterprise Award 2016 covers the Commissioner for Public Employment in the Northern Territory and NTPS employees engaged in classifications set out in the award.
The NTPS Enterprise Award 2016 does not apply to employees where an enterprise agreement applying to those same employees is in force.
Enterprise award and legislated safety net
The Fair Work Act establishes statutory minimum conditions of employment for all national system employees, including NTPS employees. It does this through legislated minimum entitlements called the National Employment Standards (NES) and a system of modern awards made by the Fair Work Commission.
At the time of approving enterprise agreements, the Fair Work Commission will use the NTPS Enterprise Award 2016 when applying the Better Off Overall Test (BOOT). The BOOT compares the salaries and conditions in the proposed enterprise agreement against the relevant modern award.
If under the enterprise agreement employees are better off overall than they would be if their salaries and conditions were subject to the relevant modern award, such as the NTPS Enterprise Award 2016, then the enterprise agreement will be approved.
National employment standards
The National Employment Standards (NES) are set out in the Fair Work Act and comprise 10 minimum standards of employment. Entitlements provided through enterprise agreements, awards or employment contracts cannot go below the NES.
The National Employment Standards involve the following minimum entitlements:
- maximum standard working week of 38 hours for full-time employees, plus ‘reasonable’ additional hours
- the right to request flexible working arrangements
- parental and adoption leave for 12 months (unpaid), with a right to request an additional 12 months.
- annual leave of four weeks paid leave per year (pro rata), plus an additional week for certain shift workers
- personal or carer’s leave and compassionate leave of 10 days paid leave, two days unpaid carer’s leave as required and two days compassionate leave, unpaid for casuals, as required
- community service leave for jury service, which is paid, or activities dealing with certain emergencies or natural disasters, which is unpaid
- long service leave
- public holidays mean a day off with ordinary pay on those days, except where reasonably requested to work
- notice of termination and redundancy pay
- the right for new employees to receive the Fair Work information statement regarding NES, modern awards, agreement-making, the right to freedom of association, termination of employment, individual flexibility arrangements, union rights of entry, transfer of business, and the respective roles of the Fair Work Commission and the Fair Work Ombudsman.
This information was provided by the Fair Work Ombudsman.
Last updated: 10 January 2020