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In Australia, there are two industrial relations systems – the National System and the State System. It is important to know which system your workplace is part of as this determines the leave entitlements and obligations that apply to you.
The Australian Institute of Architects HR Hub provides an overview of the National Industrial Relations System (National System) that governs all businesses in the private sector in ACT, NSW, NT, SA, Tas, Qld and Vic and only incorporated (eg Pty Ltd or Ltd companies) businesses in WA. This guide explains the key features of the National System such as the Fair Work Act 2009, the National Employment Standards (NES) and modern awards.
HR Hub also provides an overview of the Western Australian Industrial Relations System (State System) that governs only unincorporated (eg sole traders and partnerships) businesses in WA. This guide explains the key features of the State System including the Industrial Relations Act 1979, the Minimum Conditions of Employment Act 1993 and the state awards.
Leave entitlements and obligations include:
- Annual leave
- Common leave entitlements
- Compassionate (including bereavement) leave
- Community service leave
- Family and domestic violence leave
- Long service leave
- Parental leave*
- Personal (sick)/carers leave (including illness or injury)
* The Paid Parental Leave Amendment (Improvements for Families and Gender Equality) Bill 2022 passed both houses. The new legislation provides more support to parents so they can take time off work to be with their children. The changes have come into effect for parents whose children are born or adopted from 1 July 2023. For more information, please see Ministers for the Department of Social Services media release.
Other resources:
- The Australian Institute of Architects' COVID-19 response page
- Information, sample forms and policies related to the above leave entitlement and obligation areas are available via the Institute Online HR Hub, including information on substituting public holidays. Search the above phrases (eg annual leave, parental leave, public holidays, family/domestic violence leave) in HR Hub to find relevant content.
Disclaimer
This content is provided by the Australian Institute of Architects for reference purposes and as general guidance. It does not take into account specific circumstances and should not be relied on in that way. It is not legal, financial, insurance, or other advice and you should seek independent verification or advice before relying on this content in circumstances where loss or damage may result. The Institute endeavours to publish content that is accurate at the time it is published, but does not accept responsibility for content that may or has become inaccurate over time. Using this website and content is subject to the Acumen User Licence.