The Rudd Government introduced a process of award modernisation which involved rationalising hundreds of awards into industry or occupational awards. These modern awards, together with the National Employment Standards (NES) set out an employee’s minimum entitlements.
National Employment Standards (NES)
A set of 10 minimum employment standards that will apply to all employees within the federal system from 1 January 2010. The National Employment Standards include maximum weekly hours, requests for flexible working arrangements, parental leave and related entitlements, annual leave, personal/carer's leave and compassionate leave, community service leave, long service leave, public holidays, notice of termination and redundancy pay.
The modern awards which apply to NTEU members (except those who are covered by an Award which applies to only one institution – so-called 'enterprise awards') are:
Higher Education - Academic Staff - Award 2010
Applies to academic staff employed by all Australian universities.
Higher Education - General Staff - Award 2010
Applies to general staff employed by all Australian universities and general staff employed by student unions.
Educational Services (Post-Secondary) Education Award 2010
- ELICOS teachers wherever they work
- All TAFE employees
- Employees in the Adult Education sector
- Employee of private providers of higher education and post compulsory education, including university companies.
Fair Work Australia automatically updates the rates of pay in these awards to reflect annual wage review decisions.
Where employees are covered by an enterprise agreement, these awards have no application other than to determine if the enterprise agreement provides better conditions than the award -the 'Better Off Overall Test' (BOOT).
For employees not covered by an Enterprise Agreement, the relevant modern award applies.