87
77
72
Approaching Access to Decent Work
80
80
60
75
100
100
100
100
100
75
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §284-287, 294-295 & 539 (Item 8) of the Fair Work Act 2009 | No Change |
| Does the law require regular and timely payment of wages? | Yes | 1 | §323-324 of the Fair Work Act 2009; §117-119 of the NSW Industrial Relations Act 1996 No. 17 | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | §62 of the Fair Work Act 2009; §24 of the Health Professionals and Support Services Award 2020 | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require additional compensation for night work? | Yes | 1 | §25.3 of the Health Professionals and Support Services Award 2020 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §62-64, Fair Work Act 2009; §22 of the NSW Industrial Relations Act 1996 No. 17 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | No | 0 | §62-64 of the Fair Work Act 2009; §10, 11 & 13 of the Health Professionals and Support Services Award 2020 | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §13.2 (a) of the Health Professionals and Support Services Award 2020 | No Change |
| Does the law require paid public holidays? | Yes | 1 | §4 & 5 of the Public Holidays Act 2010 No. 115 | No Change |
| Does the law require at least three working weeks of paid annual leave? | Yes | 1 | §3 (1-8) of the Annual Holidays Act 1944 No. 31 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | Part 2-2 of the Fair Work Act, 2009 (The National Employment Standards) | Score adjusted because of availability of a legal source |
| Does the law restrict the hiring of fixed-term contract workers? | Yes | 1 | Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022; Part 10 of the Fair Work Act 2009 (Fixed term contracts) | Score improved due to a legislative reform |
| Does the law limit the length of the probation period, including renewals, to three months? | No | 0 | §382 & 383 of the Fair Work Act 2009 | No Change |
| Does the law require a 30-day notice period before employment contract termination? | No | 0 | §2-4 of the NSW Industrial Relations Act 1996 No. 17; §117 & 123 of the Fair Work Act 2009 | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | Yes | 1 | §119 & 121 (1) (2) of the Fair Work Act 2009; §37.2 (b) of the Health Professionals and Support Services Award 2020 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | Yes | 1 | §53, 54, 57, 61 & 63, NSW Industrial Relations Act 1996 No. 17; §70, 71 & 79, Fair Work Act 2009 | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | Yes | 1 | §10, Paid Parental Leave and Other Legislation Amendment Act 2012; §55 & 58, NSW Industrial Relations Act 1996 No. 17 | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | Yes | 1 | §1(1A) (1B) & 3-5 of the Fair Work Act 2009; §76 of the NSW Industrial Relations Act 1996 No. 17 | No Change |
| Does the law require paid nursing breaks? | No | 0 | §7AA & 7D (1e) of the Sex Discrimination Act 1984 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | Yes | 1 | §7 & 14 of the Sex Discrimination Act 1984 | No Change |
| Does the law require maternity leave of at least 14 weeks? | Yes | 1 | §11, Paid Parental Leave Act 2010; §80, Fair Work Act 2009; §71 & 72, NSW Industrial Relations Act 1996 No. 17 | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | §8(1C) & §93WC of Social Security Act, No. 46 of 1991; §52-61 of Paid Parental Leave Act 2010 | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | Yes | 1 | §8(1C) & §93WC of Social Security Act, No. 46 of 1991; §52-61 of Paid Parental Leave Act 2010 | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §7, Sex Discrimination Act 1984; §84, 342 & 351, Fair Work Act 2009; §66 & 68, NSW IRA 1996 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §44 & 46, NSW Work Health and Safety Regulation 2017; §4, Work Health and Safety Act 2011 | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §39 of the Work Health and Safety Regulation 2017 | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §66, 68 & 70 of the NSW Industrial Relations Act 1996 No. 17 | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | §9 (2), 9A, 25 (1), 26, 33, 34, 36, 37 & 39 of the Workers Compensation Act 1987 No. 70 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §23 (5A-5D), 43 & 308 of the Social Security Act, No. 46 of 1991 | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | §82-91, 146F-146Q & 308 of Social Security Act, No. 46 of 1991 | Score adjusted due to a minor revision in methodology |
| Does the law provide for unemployment benefits? | Yes | 1 | §308 & 593-660M of Social Security Act, No. 46 of 1991 | Score adjusted due to a minor revision in methodology |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | Yes | 1 | §96-99 of the Fair Work Act 2009; §26 of the NSW Industrial Relations Act, 1996 No. 17 | Score adjusted due to a minor revision in methodology |
| Does the law provide for invalidity benefits? | Yes | 1 | §27, 94-120 & 308 of Social Security Act, No. 46 of 1991 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | Yes | 1 | §300-306 of the Fair Work Act 2009 | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §28B of Sex Discrimination Act, 1984; Sex Discrimination and Fair Work (Respect at Work) Amendment Act, 2021 | No Change |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §14 of Sex Discrimination Act 1984 | No Change |
| Does the law allow women to do the same job as men? | Yes | 1 | No restrictive legal provisions could be located | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | Social Security Act, No. 46 of 1991; ISSA Country Profile for Australia | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | Youth Law Australia (https://yla.org.au/nsw/topics/employment/when-can-i-start-working/) | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | Section 21B of the NSW Education Act, 1990 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | Regulation 89 of the NSW Work Health and Safety Regulation, 2017 | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §270 & 271 of the Criminal Code Act 1995; Modern Slavery Act, 2018 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | Yes | 1 | §303-304 of the Industrial Relations Act 1996 No 17; Fair Work (Registered Organisations) Act, 2009 | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | Yes | 1 | §28-47 of the Industrial Relations Act, 1996 | No Change |
| Does the law provide the right to strike? | No | 0 | §423-427 of the Fairwork Act, 2009; CEACR C87 Obs. 2020 | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | Yes | 1 | §416A of the Fairwork Act, 2009; §143 of the Industrial Relations Act, 1996 | No Change |