Leave entitlements and obligations

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(This note replaces Common leave entitlements and Long service leave entitlements)

‘In Australia, there are two industrial relations systems operating, which is the National System and the State System. Knowing which system your workplace falls under is important as this determines the entitlements and obligations that apply to you’ (HR Hub). 

‘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 Western Australia. The guide explains the key features of the National System such as the Fair Work Act 2009, the National Employment Standards (NES) and modern awards. 

An overview of the Western Australian Industrial Relations System (State System) that governs only unincorporated (eg sole traders and partnerships) businesses in Western Australia is also provided on HR Hub. The 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’ (HR Hub).

Leave entitlements and obligations include:

  • Common leave entitlements
  • Long service leave
  • Annual leave
  • Personal (sick)/carers leave
  • Compassionate leave
  • Compassionate (bereavement) leave
  • Community service leave