​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |
LawAccess NSW > Representing Yourself - LawAssist

Right to wages and entitlements

Your right to wages and certain entitlements will usually be determined by a combi​nation of the National Employment Standards, your contract of employment and any award or enterprise agreement that applies to you.


     There may be other instruments that affect what you are paid or entitled to, made under legislation before the Fair Work Act 2009 commenced. If you think a different instrument covers your pay and entitlements, you should contact the Fair Work Infoline on 13 13 94, go to the Fair Work Ombudsman website or get legal advice.

    National Employment Standards

    The National Employment Standards (NES), which come from the Fair Work Act 2009, are a set of minimum entitlements that apply to all national system employees.

     Most employees working in NSW are covered by the national system. If you work in the NSW public service, for a local council, or a state owned corporation, you should get legal advice about your entitlements.

    The NES includes entitlements such as:

    • annual leave
    • long service leave
    • parental leave
    • personal carer's leave
    • compassionate leave
    • community service leave
    • flexible working arrangements
    • notice of termination
    • redundancy.

    Long service leave is also affected by NSW laws.

    For more information about the NES, go to the Fair Work Ombudsman website.

     Your award, enterprise agreement or contract of employment also gives you certain rights to wages and entitlements, however they cannot be less than the minimum entitlements in the NES.

    Awards

    An award is a legal document which provides the minimum terms and conditions of employment for all employees who work in a particular industry or profession.

    Icon: Hint  You can find an award that applies to your employment on the Fair Work Ombudsman website

    Enterprise agreements

    Enterprise agreements are agreements between an employer and all employees who work for that employer. An enterprise agreement needs to be approved by the Fair Work Commission.

    Enterprise agreements provide information about the terms and conditions of employment and replace any award that may have applied to employees at that workplace.

     The minimum wage in an enterprise agreement cannot be less than the minimum wage in the relevant award.

    Icon: Hint  You can search for an enterprise agreement using the Fair Work Commission website.  It can help if you know the name of the agreement or the agreement ID number.

    Employment contract

    When you agree to work for an employer, the agreement between you and your employer is called a contract of employment.

    Your employment contract could be a formal written contract or a letter of offer. Your employment contract could also be made verbally. For example, through conversations you have had with your employer, either face to face or over the telephone.

    An employment contract should cover your entitlements and the conditions of your employment. Whether or not the contract is in writing, other details can form part of your contract, such as:

    • what was said when you were employed
    • what has happened while you have been employed
    • what is the normal practice in your industry.

     An employment contract cannot exclude terms and conditions in an award or enterprise agreement.

    If you are not sure what the terms of your contract of employment are, you should get legal advice.

    Icon: Hint  It is a good idea to ask your employer to provide you with a written contract when you start a job.

     

    Furt​her informati​​​​on

    ​​​​Fair Work Ombudsman