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Elaine Li
28-03-2012, 03:18 PM
Hi HR Professional,

my company should be covered under the "Banking, Finance and Insurance Award 2010 [MA000019]", but I am not sure, when will taking about the mandatory employment benefits, are we follow the NES or need to follow the modern awards, how about if there are difference between the NES vs the modern award, then what should we do ?

Actually what is the purpose of this modern award, can anyone share with me, thanks

Moz
28-03-2012, 03:54 PM
Modern awards are created by the Australian Industrial Relations Commission and set out minimum employment conditions for a specific industry or occupation, in addition to those in the National Employment Standards (NES).

The NES sets out mimimum employment standards for all employee, regarless of whether they are covered by an award.

Qld IR Consultant
28-03-2012, 04:44 PM
additionally you read and apply the NES in conjunction with the relevant award.....

HeyPete
29-03-2012, 10:16 AM
The entitlements which benefit the employee more are the ones which are in effect.

For example if the NES entitles 4 weeks annual leave, and the award entitles 6 weeks annual leave, then provided there are no other collective agreements in place, your employees will be entitled to 6 weeks.

You cannot provide less entitlements as outlined in the NES, but you can provide more.

Elaine Li
29-03-2012, 02:10 PM
Hey Pete,

So if the award entitled 6 weeks, NES 4 weeks, and we have our offering letter or company policy in 4 weeks, can we go for 4 weeks ?

jennifer.gallagher
30-03-2012, 08:38 AM
Hi Elaine,

Although NES stated minimum is 4 weeks, if the modern award that covers the employee is for 6 weeks you need to follow the higher entitlement. Unless the situation is the other way around (NES is higher than modern award which is unlikely), then you have to follow the standard by NES. Please refer to Fair Work Act 2009, Division 3 Subdivision A section 55.


Hey Pete,

So if the award entitled 6 weeks, NES 4 weeks, and we have our offering letter or company policy in 4 weeks, can we go for 4 weeks ?

Elaine Li
30-03-2012, 12:57 PM
Jennifer , well noted, Thank you very much for your help on this.

HeyPete
02-04-2012, 10:11 AM
Hey Pete,

So if the award entitled 6 weeks, NES 4 weeks, and we have our offering letter or company policy in 4 weeks, can we go for 4 weeks ?

This is dependant on whether you have a registered Collective Agreement in place.

Remember that an ECA will over-ride all terms and conditions of a Modern Award (except for Minimum Wage rates)