77
72
Reasonable Access to
Decent Work
80
80
20
75
100
100
40
100
100
75
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prescribe minimum wage rates in the country? | Yes | 1 | §284-287, 294-295 & 539 (Item 8) of the Fair Work Act 2009 |
| Does the law require regular payment of wages? | Yes | 1 | §323-324 of the Fair Work Act 2009; §117-119 of the NSW Industrial Relations Act 1996 No. 17 |
| Does the law require overtime compensation 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 |
| Does the law require additional compensation for working on a weekly rest day? | No | 0 | No applicable legal provisions could be located |
| Does the law require additional compensation for night work? | Yes | 1 | §25.3 of the Health Professionals and Support Services Award 2020 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law stipulate general 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 |
| 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 |
| Does the law require a weekly rest of at least 24 hours? | Yes | 1 | §13.2 (a) of the Health Professionals and Support Services Award 2020 |
| Does the law require paid public holidays? | Yes | 1 | §4 & 5 of the Public Holidays Act 2010 No. 115 |
| 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 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require written employment contracts or at least written employment particulars? | No | 0 | No applicable legal provisions could be located |
| Does the law restrict the hiring of fixed-term contract workers? | No | 0 | No applicable legal provisions could be located |
| Does the law limit the length of probation period including renewals to a maximum of 3 months? | No | 0 | §382 & 383 of the Fair Work Act 2009 |
| Does the law require a 30-day notice before contract termination? | No | 0 | §2-4 of the NSW Industrial Relations Act 1996 No. 17; §117 & 123 of the Fair Work Act 2009 |
| Does the law require severance pay at the rate of at least 2 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 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require 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 |
| 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 |
| Does the law require flexible work 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 |
| Does the law require paid nursing breaks? | No | 0 | §7AA & 7D (1e) of the Sex Discrimination Act 1984 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibits inquiring about pregnancy during recruitment? | Yes | 1 | §7 & 14 of the Sex Discrimination Act 1984 |
| Does the law require paid 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 |
| Does the law require cash maternity benefit be at least 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 |
| Does the law require maternity benefit be paid through contributory social insurance or universal benefits system? | Yes | 1 | §8(1C) & §93WC of Social Security Act, No. 46 of 1991; §52-61 of Paid Parental Leave Act 2010 |
| 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 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require provision of free personal protective equipment to workers from employer? | Yes | 1 | §44 & 46, NSW Work Health and Safety Regulation 2017; §4, Work Health and Safety Act 2011 |
| Does the law require the employer to train workers on health and safety issues? | Yes | 1 | §39 of the Work Health and Safety Regulation 2017 |
| 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 |
| Does the law provide for employment injury benefit? | Yes | 1 | §9 (2), 9A, 25 (1), 26, 33, 34, 36, 37 & 39 of the Workers Compensation Act 1987 No. 70 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law provide for an old age pension? | Yes | 1 | §23 (5A-5D), 43 & 308 of the Social Security Act, No. 46 of 1991 |
| Does the law provide for a dependants'/survivors' pension? | No | 0 | §82-91, 146F-146Q & 308 of Social Security Act, No. 46 of 1991 |
| Does the law provide for unemployment benefit? | No | 0 | §308 & 593-660M of Social Security Act, No. 46 of 1991 |
| Does the law require paid sick leave for the first 6 months of sickness? | No | 0 | §96-99 of the Fair Work Act 2009; §26 of the NSW Industrial Relations Act, 1996 No. 17 |
| Does the law provide for invalidity benefit? | Yes | 1 | §27, 94-120 & 308 of Social Security Act, No. 46 of 1991 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require equal remuneration for work of equal value? | Yes | 1 | §300-306 of the Fair Work Act 2009 |
| 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 |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §14 of Sex Discrimination Act 1984 |
| Does the law allow women to do the same jobs as men? | Yes | 1 | No restrictive legal provisions could be located |
| Does the law guarantee basic labour protections for gig economy workers? | Yes | 1 | Social Security Act, No. 46 of 1991; ISSA Country Profile for Australia |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibit employment of children? | Yes | 1 | Youth Law Australia (https://yla.org.au/nsw/topics/employment/when-can-i-start-working/) |
| 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 |
| Does the law prohibit the employment of children in hazardous work under the age of 18 years? | Yes | 1 | Regulation 89 of the NSW Work Health and Safety Regulation, 2017 |
| Does the law prohibit forced labour? | Yes | 1 | §270 & 271 of the Criminal Code Act 1995; Modern Slavery Act, 2018 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| 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 |
| 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 17 |
| Does the law provide for the right to strike? | No | 0 | §423-427 of the Fairwork Act 2009; CEACR C87 Obs. 2020 |
| Does the law prohibit employers from terminating employment contracts of striking workers? | Yes | 1 | §416A of the Fairwork Act 2009; §143 of the Industrial Relations Act 1996 No 17 |
