Know Your Rights : Conditions of Employment

09-Sep-2016

 

 

Conditions of Employment

Your conditions of employment, the rights and obligations that govern the work you do, are determined by the intersection of several elements.

A contract of employment is the most important document that governs the employment relationship.

An employment contract, which is present in both an explicit and implicit form, provides the parameters of the relationship between the employee & employer.

Contracts do not need to be in writing, nonetheless it is preferable they are.

The main elements of contract formation are:

  • Offer & acceptance (agreement)
  • Consideration (both parties must receive a benefit)
  • Competence and capacity to enter contract
  • Genuine consent to the terms of the contract.
  • Intention to enter into legal relationship

Contracts of employment must also be read in conjunction with the relevant an industrial instrument, legislation and employer policies and procedures, which are usually separate from the contract of employment.

The terms of employment for ASMOF members are also subject to one or more industrial instrument, such as an award or an enterprise agreement.

If a contract of employment provides a lesser entitlement than an applicable industrial instrument, the contract of employment is unenforceable.

The terms of industrial instruments, generally, are not implied into contracts of employment meaning they have no contractual effect.

Their source of obligation comes from the relevant legislation, (either NSW Industrial Relations Act or the Fair Work Act).

The terms of an industrial instrument may be expressly incorporated into a contract of employment.

The terms which provide minimum conditions of employment, such as the National Employment Standards, or state long service leave legislation, will apply regardless of the terms of the contract of employment.

The three main State Awards covering ASMOF members are:

For members who are National system employees, you will either be covered by the Medical Practitioners Award 2010 or an Enterprise Agreement that has been negotiated by the Union. The relevant Enterprise Agreements will override the relevant Modern Award.

If you would like to discuss any of the above, please do not hesitate to contact the ASMOF office.

 

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