Employment Terms and Conditions

Transcription

1 Employment Terms and Conditions (Westpac Banking Corporation) Employer Your employer will be Westpac Banking Corporation (ABN , AFS Licence No ), which we refer to as Westpac, and includes its successors and assigns. The term Westpac Group means Westpac and each subsidiary of Westpac. Vision and Values Our vision is to be one of the world s great service companies, helping our customers, communities and people to prosper and grow. The core values that underpin our vision and shape our decisions and our relationships with all our key stakeholders are: Integrity Service One Team Courage Achievement If you join Westpac, you are committing to living these values and to working to achieve the Westpac Group's vision. Commencement Your employment with us will start on the date specified in your offer letter (Offer Letter). Your Offer Letter together with the terms and conditions in this document form your employment agreement (this Agreement). By accepting this Agreement, you confirm that you have no pre-existing obligations that would prevent you from working for us. Background checks You consent to Westpac (or its agent) conducting checks into your character and background, including (but not limited to): (a) (b) (c) criminal history checks; education checks; any pre-employment assessments required; Westpac Banking Corporation ABN Page 1

2 (d) (e) conduct background checks from any previous or current employer under the Australian Bankers Association Banking Industry Conduct Background Check Protocol (Protocol); and collecting information from these checks to determine your suitability for your position and to satisfy any criteria imposed by any regulatory authority in respect of that position. You agree to co-operate fully in these processes, and provide all necessary information and consents to disclosure of information, both prior to and after your start date. Your Offer Letter will state that your employment is conditional on: a requirement to obtain a licence, visa or work permit (if applicable); and Westpac being satisfied with the outcome of your background checks. If any of these conditions apply to you and are not satisfied: (a) (b) (c) before you accept the offer of employment, then we may withdraw the offer; or after you accept the offer of employment but have not started working with us, then we may terminate this Agreement with immediate effect without notice (meaning your employment will not commence); or after you accept the offer of employment and have started working with us, then we may terminate your employment and this Agreement in accordance with the probationary period and/or termination provisions below. Contractual terms of employment This Agreement should be read in conjunction with the provisions of any applicable award or enterprise agreement (or any successor of such award or enterprise agreement) that is relevant to the position for which you are employed (Industrial Instrument). However, Industrial Instruments do not form part of this Agreement. For packaged employees, some terms of relevant Industrial Instruments will not apply to you such as hours of work, overtime, payment for work on public holidays, and rostered days off. Probationary period You will be employed on a probationary basis for the first 6 months of your employment. The purpose of this period is to allow you and us to assess your suitability for the role you are employed in. Prior to or during this probationary period, either you or we may terminate the employment on 1 weeks notice. We may elect to make a payment to you equivalent to 1 week's salary in lieu of any such notice period. Westpac Banking Corporation ABN Page 2

3 Position and duties Your position and the position to which you will report are set out in your Offer Letter. During your employment you must faithfully serve Westpac and carry out your duties in a way that best serves its interests. The scope of your position may change over time because of the dynamic nature of our business. We may change your duties or reporting lines, or transfer you to another position, division or location within the Westpac Group, provided your position after these changes is reasonably comparable to your current position. If any of these changes occur, the terms of this Agreement (including the period of notice required to terminate the employment) will continue to apply to your employment unless Westpac and you agree otherwise in writing. We may also ask you to perform some or none of your duties on full pay for any period of time if we consider on reasonable grounds that it is in our interests to do so. Your continued employment is subject to you maintaining a clear criminal record, you maintaining any necessary qualifications under any licensing regime (eg ASIC or APRA), you satisfying certain criteria imposed by any applicable regulatory or statutory authority and subject to you not being listed on any Department of Foreign Affairs and Trade terrorist watch list or Politically Exposed Person list. It is your responsibility to let us know if this status changes. You should inform your manager immediately if you are involved with (including being investigated about), are charged with or convicted of any offence or breach that could be relevant to your employment or which may bring Westpac or any member of the Westpac Group into disrepute. Westpac takes the prevention of cybercrime and the protection of its Confidential Information seriously. So that we can ensure that our Confidential Information and Intellectual Property is protected and our customer and other information systems are safe and secure, you agree to provide reasonable assistance to Westpac with technology under your ownership or control (including Bring Your Own Device BYOD technology) if Westpac reasonably suspects that the device or technology: 1. contains Confidential Information of any member of the Westpac Group or Intellectual Property owned by any member of the Group; 2. is interacting with, or has the potential to interact with, Westpac technology or systems in a manner inconsistent with its policies, including Technology Code of Use. These policies are contained on the intranet and you should familiarise yourself with them. These policies do not form part of your employment agreement. Such assistance may include being required to provide Westpac with a device or access to technology including Cloud services. Westpac Banking Corporation ABN Page 3

4 Remuneration Your total fixed remuneration (gross) is set out in your Offer Letter. This comprises your fixed pay (gross) and employer superannuation contributions. We will pay your salary fortnightly, in arrears, into your nominated Westpac Group account. If you do not already have an account with a member of the Westpac Group, you will need to open one when you commence employment. In addition to your fixed pay we will make superannuation contributions of at least the level required by Superannuation Guarantee (SG) legislation or any applicable industrial instrument. We currently contribute the applicable SG rate of contribution (uncapped) on your fixed pay and up to the applicable SG rate of contribution on other payments. We will make superannuation contributions to either: 1. our default fund which is currently the BT Super For Life Westpac Group Plan; or 2. an eligible superannuation fund of your choice. We may change our default superannuation fund and any other superannuation arrangements in the future. You will receive information on how to make a superannuation fund choice within 28 days of commencing employment. In addition to the employer superannuation contributions you receive from Westpac, you will also commence with a voluntary pre-tax superannuation contribution to your superannuation account of 3% of your fixed pay. This contribution is not compulsory and you can change it for future contributions at any time once you start with us. Before making any change, you should consider what level of superannuation contributions would be best for you and whether you prefer to make these from before-tax or after-tax pay. To increase or decrease your voluntary pre-tax superannuation contributions, or to apply a post-tax superannuation contribution, simply log in to Peoplexpress (the Westpac Group s people information system) on the intranet on or after your first day of work and change your contribution rate. Your new contribution rate will apply from the day you make the change in Peoplexpress. You may be able to sacrifice components of your fixed pay in accordance with the Westpac Group s written remuneration policy and any applicable Industrial Instrument in force from time to time. Westpac Banking Corporation ABN Page 4

5 Variable remuneration In addition to your total fixed remuneration, you may be invited, from time to time, to participate in a variable reward scheme. The details of the variable reward scheme will be provided to you at the time you are invited to participate in the scheme. The eligibility to be considered for and the payment of any variable reward or incentive payment is at the absolute discretion of Westpac. If a variable reward payment is made, it will be subject to the applicable scheme rules. Those rules are at Westpac's absolute discretion and may include terms as to deferral of payments until a later date (into equity or cash on terms determined by Westpac) and the forfeiture of payments in certain circumstances, including where your employment terminates prior to a reward payment date. Expenses We will reimburse you for all reasonable travelling and other out of pocket expenses properly incurred in connection with your employment provided that these expenses are authorised and evidenced in accordance with Westpac s written policy. Hours of work Your ordinary hours of work are set out in your Offer Letter. Sometimes we may also need to change the hours or days that you work. We will consult with you about this. Your remuneration compensates you for all hours worked. Performance and remuneration reviews Your work performance and remuneration will be reviewed each year. Your fixed pay may or may not be increased following any review. Leave entitlements Westpac will provide you with: (a) (b) (c) (d) annual leave; personal leave (which includes sick leave and carer's leave); paid and unpaid parental leave; and long service leave, in accordance with relevant legislation, any relevant Westpac policy (as varied from time to time) or any relevant Industrial Instrument. Westpac Banking Corporation ABN Page 5

6 If you are employed on a part-time or maximum term basis, your entitlement to paid leave will be prorated accordingly. You may be required to be out of your role for 10 consecutive working days each year (pro-rated if you are part-time or maximum term). Generally this can be achieved by taking annual leave. You should notify your manager if you will have difficulty meeting this requirement. If you do not have enough accrued annual leave, you agree to take annual leave in advance or leave without pay to comply with this requirement. Privacy information As a new employee of Westpac and an ongoing or potential new customer of the Westpac Group, any member of the Westpac Group may contact you or send you information regarding our products and services. You agree that your personal information may be provided to any member of the Westpac Group to enable them to assess what products and services may be offered to you and to contact you. If you do not wish to receive information about our products and services, please tell the representative when they contact you. Policies You must observe and comply with Westpac's procedures and policies including, but not limited to: Code of Conduct Conflict of Interest Policy Discrimination, Harassment and Bullying Policies Dress and Personal Appearance Policy Information Security Policy Technology Code of Use Occupational Health and Safety Policy Smoke-Free Environment Policy Social Media and Media Policy If you are working in the Westpac Institutional Bank (WIB), the WIB Personal Account Dealing Policy These policies will be available on the intranet. You acknowledge that Westpac may at its absolute discretion vary, replace or discontinue any of its policies, including those set out above. They are not incorporated as terms of your employment contract and do not create any enforceable rights or entitlements in your favour. Please familiarise yourself with all updated versions of applicable procedures and policies. Westpac Banking Corporation ABN Page 6

7 Health and Safety In addition to you complying with the above policies, all employees have a duty to take reasonable care for their own health and safety and for others in the workplace. Many of the policies set out above will assist you in satisfying this duty. Training and legislative requirements You may be required to undertake training from time to time either to meet regulatory requirements, or to maintain or improve your skills and qualifications. If you don't undertake training as required, your ability to maintain your role or to move into other roles may be affected. We will let you know what training or qualifications your role requires. You will have the opportunity to maintain your qualifications and undertake training to help us meet our legal obligations. You are responsible for making sure that you take advantage of these opportunities. If qualifications are not maintained, we may ask you to obtain those qualifications. If you do not do this then we may take whatever action we consider appropriate including directing you to undertake duties in another role where compliance is not a requirement or disciplinary action, which may include steps up to and including termination of your employment. Conflict of interest During your employment, you must avoid situations which could give rise to a conflict of interest. By way of example, below are some situations which may give rise to a conflict of interest: (a) (b) (c) (d) being involved in activities or decisions which conflict, or appear to conflict, with your work, Westpac or our core values; participating in any business activity or employment outside Westpac that may involve you in any financial dealings with Westpac, especially if those dealings may place Westpac in a moral and/or legal position of responsibility to someone else; undertaking any other employment or business activities (unless you have your manager's written consent); or accepting from anyone any payment or other benefit in money or kind as an inducement or reward for doing or not doing anything in connection with any aspect of our business. You must let us know straight away if you think that any activity you are considering might conflict with our core values or business. If you are unsure about whether a situation creates or has the potential to create a conflict of interest, please discuss it with your manager before taking any further action. Westpac Banking Corporation ABN Page 7

8 Confidential Information Any information (in any form and whether or not in writing) concerning Westpac, any other member of the Westpac Group, our businesses, finances, customers, prospective customers, employees, contractors or suppliers that is not already in the public domain (other than as a result of your breach of this clause) is Confidential Information. Confidential Information includes, without limitation, information relating to: the terms of your employment with Westpac; the business, financial affairs, assets, liabilities, products or services of Westpac, any other member of the Westpac Group, or any of our customers (or prospective customers) or suppliers; any transaction in which Westpac or any other member of the Westpac Group, or a customer (or prospective customer) of any of them, may be or may have been concerned or interested; the internal management, strategic, business or marketing plans or policies of Westpac, any other member of the Westpac Group or any of our customers (or prospective customers) or suppliers; any Intellectual Property, system, infrastructure, technology, equipment, methodology, know-how or trade secret owned or used by Westpac, any other member of the Westpac Group, or any of our customers (or prospective customers) or suppliers; and customer lists and any databases or other records of Westpac or any other member of the Westpac Group. You must keep confidential all Confidential Information and not use or disclose that information unless you are required to do so in the proper performance of your duties or by law. If you are required by law to disclose any Confidential Information, please let your manager know as soon as possible and before you disclose that information. You must safeguard and treat as confidential all Confidential Information that is entrusted to you. In your dealings with other employees of the Westpac Group and third parties, you must ensure that confidential and proprietary nature of the Confidential Information is maintained. You must check with your manager before you remove any Confidential Information from your workplace. Unless you are required to do so in the course of performing your duties, you must not make any copy or summary of any Confidential Information. If you are required to make a copy or summary of Confidential Information in your employment, that copy or summary belongs to Westpac. You must also not disclose your remuneration, or the terms of this Agreement, except to an advisor for the purposes of obtaining legal, tax or financial advice or to your spouse or partner (Permitted Westpac Banking Corporation ABN Page 8

9 Disclosure). In each case, you must ensure that any person to whom a Permitted Disclosure is made will keep that information confidential. Your confidentiality obligations apply during your employment with Westpac and continue after your employment ends. Intellectual Property You assign to Westpac all of your existing and future right, title and interest in and to all Intellectual Property. Intellectual Property means all works, designs, materials and other subject matter which have been or are in the future conceived, made, developed, modified or adapted by you (either alone or with others) as a result of, in the course of, or otherwise connected with your employment with Westpac (whether in or out of working hours), including but not limited to all copyright, designs, trademarks, business, domain and company names, goodwill, patents, inventions (whether or not the subject of patents or patent applications), know how, trade secrets, rights in Confidential Information, technical data, concepts, strategies, or other form of knowledge (whether or not any of these are registered and including any application for registration), and all rights or forms of protection of a similar nature which may subsist anywhere in the world. You must keep Westpac informed of all such Intellectual Property. You agree to promptly comply with any request by Westpac to execute any document or take any step that Westpac may desire to transfer ownership of Intellectual Property to Westpac or to give full effect to the provisions of this Agreement. During and after your employment with Westpac, you must not use or disclose any Intellectual Property except as required to discharge your duties to Westpac. You must not act in any way during your employment which infringes the Intellectual Property rights of any third party, including previous employers. Whenever you produce work in the course of your employment which contains Intellectual Property owned by a third party, you must obtain all necessary consents and licences from that third party for use of that Intellectual Property. Westpac retains sole ownership of all documents and other materials: provided to you during your employment with Westpac; or created using the time, material or equipment of Westpac, including any copies (in any form) of such documents or materials that you may have made or been given (Westpac Material). This applies irrespective of whether you wrote or otherwise created, settled or photocopied them for your professional use and convenience. Westpac Banking Corporation ABN Page 9

10 In relation to any Moral Rights you may have in respect of any works or other subject matter created by you (either alone or with others) in the course of your employment (Works), you consent to the Westpac Group and any person licensed or authorised by the Westpac Group doing or omitting to do anything that, but for this consent, would constitute an infringement of any Moral Rights that you may have in connection with the Works in Australia or anywhere in the world (whether such use occurs before or after the date of this consent). To the maximum extent permitted, you also waive all Moral Rights held by you in all Works. If waiver is not permitted by law in a particular jurisdiction, then the consent provisions above will apply to the extent the waiver is not permitted. Your obligations under this clause continue to apply even after your employment with Westpac ends. Moral Rights means "moral rights" as defined in Part IX of the Copyright Act 1968 (Cth), and all other similar non-assignable personal rights. Termination (a) Termination with notice After the probationary period this Agreement and your employment may be terminated by either you or us for any reason by giving written notice of the applicable period set out in your Offer Letter, unless this Agreement and your employment is terminated: (i) (ii) due to an unsatisfactory background check; or by Westpac under paragraph (b) below. (b) Summary dismissal We may terminate this Agreement and your employment in writing without notice if you: (i) (ii) commit serious misconduct or any serious breach of this Agreement including, without limitation, intentional disobedience, dishonesty or serious or persistent neglect; or are convicted of a criminal offence or have acted in a manner which, in our reasonable opinion, will detrimentally affect Westpac or any other member of the Westpac Group. (c) Payment on termination On the termination of your employment, we will not be obliged to pay you any moneys other than: (i) (ii) (iii) your accrued base salary and superannuation (if applicable) which you are entitled to on the date of termination (Termination Date); any superannuation contributions due as at the Termination Date; any amount owing in lieu of unused annual leave; Westpac Banking Corporation ABN Page 10

11 (iv) (v) any amount owing under the relevant long service leave legislation; and if your employment is terminated on the basis of redundancy, any amount payable under paragraph (d)(i) below. (d) Redundancy If your position is made redundant and you are retrenched, you will be paid under (d)(i) or (d)(ii), but not both: (i) You will be entitled on retrenchment to the greater of: the amount of notice set out under the Termination with notice clause in this Agreement; or the notice and severance entitlements under any industrial instrument that applies to you; (ii) (iii) However, Westpac may decide to make notice and severance benefits to you under a written Westpac policy that applies to you at the time that you are retrenched, if those benefits are greater than what you would receive under (d)(i) above. Westpac s decision to apply its policy to you is in its absolute discretion and any such policy does not form part of this Agreement. The payment that you receive under this clause (d) will be in full satisfaction of all notice and severance entitlements that you may have as a consequence of your retrenchment, (including under any applicable legislation, industrial instrument or employment contract) or benefits Westpac may apply to you under the policy (such benefits do not form part of this Agreement). (e) Gardening leave and payment in lieu We may at our discretion do one or a combination of the following: (i) (ii) (iii) ask you not to attend work for some or all of any notice period; ask you to perform other duties during some or all of any notice period; bring your employment to an end before the end of any notice period by paying you your base salary and superannuation (if applicable) for the remaining portion of the notice period. (f) Return or destruction of material and property As soon as your employment ends for any reason, you must immediately: Westpac Banking Corporation ABN Page 11

12 (i) (ii) (iii) deliver up to Westpac all Confidential Information, or any other Westpac Material, that is physically capable of delivery; destroy any Confidential Information, or other Westpac Material, contained in any hardware, software or data storage devices that do not belong to the Westpac Group by erasing it so that the information cannot be recovered or reconstructed; and return all property that belongs to any member of the Westpac Group. (g) Other matters On termination of your employment: (i) (ii) any concessional banking products, loans, credit cards and facilities will revert to the applicable rates outlined in the relevant employment benefit policies as amended, or terminated, or replaced from time to time; and you authorise Westpac to the extent allowed by relevant laws to set off against and deduct from all or any amounts payable to you any remuneration paid to you to which you are no longer entitled or other monies owed by you in respect of your employment. Post-employment obligations During your employment, you may be involved in developing and maintaining customer relationships, and will have access to market sensitive information including information about: the business of Westpac and other members of the Westpac Group; and the customers, employees and suppliers of Westpac and other members of the Westpac Group. This information will have significant commercial value. To protect this value, you agree that during your employment and for a period of 6 months after your employment ends for any reason, you will not: directly or indirectly solicit or entice away any director, employee, contractor or supplier of Westpac or any other member of the Westpac Group, with whom you had dealings during the 12 months immediately prior to the last day of your employment, to leave their employment or end their engagement with the Westpac Group; directly or indirectly employ or engage any person who was during your employment with Westpac a director, employee or contractor of Westpac or any other member of the Westpac Group; directly or indirectly solicit or entice away any customer of Westpac or any other member of the Westpac Group, with whom you had dealings during the 12 months immediately prior to the last day of your employment; attempt to do, or assist anyone else to do, any of the above. Westpac Banking Corporation ABN Page 12

13 You agree that your undertakings under this clause are reasonable and necessary to protect the legitimate business interests of Westpac and the Westpac Group. ABA Banking Industry Conduct Background Check Protocol A number of banks and financial institutions (Subscribers), including the Westpac Group, subscribe to the ABA Banking Industry Conduct Background Check Protocol (Protocol). The Protocol is intended to promote good conduct and ethical behaviour in the banking industry by enabling the sharing of employee information between Subscribers as part of their hiring processes. Under the Protocol, the Westpac Group may be required to disclose information about allegations or findings of certain types of serious misconduct relating to your employment with us (including if you were dismissed for one or more of these types of misconduct) to a prospective employer (or their agent). Should you apply for another role at another Subscriber in the future, you consent to the Westpac Group disclosing information about your employment with us (which may include disclosing personal information) in response to a conduct background check request under the Protocol. This consent prevails over any other express or implied terms of this Agreement to the extent possible and does not limit any statutory rights Westpac Group might have. Legal The following rules of interpretation apply unless the context requires otherwise: The singular includes the plural, and the plural includes the singular. Where a word or phrase is defined, its other grammatical forms have a corresponding meaning. A reference to a person includes a body corporate, an unincorporated body or other entity and conversely. A reference to we or us means Westpac. Mentioning anything after include, includes or including does not limit what else might be included. If any provision of this Agreement is held to be invalid or unenforceable for any reason, it will be severable and will not affect the remaining provisions. Westpac enters into this Agreement on its own behalf and as agent for each member of the Westpac Group. Westpac will act in its own right and as the agent of each member of the Westpac Group with respect to the enforcement of any rights and remedies under this Agreement. The terms and conditions of your employment with Westpac as set out in this Agreement constitute the entire agreement between you and Westpac. You acknowledge and agree that this Agreement Westpac Banking Corporation ABN Page 13

14 supersedes and replaces all prior conduct, whether oral and written, representations, warranties and agreements by Westpac or any third party concerning your employment with Westpac. Any notice or other communication in connection with this Agreement must be in writing and delivered to the other party either in person or electronically (e.g. fax or ). You must deliver any such document to your manager or to a duly authorised representative of Westpac. This Agreement is governed by the laws of New South Wales. You and Westpac submit to the nonexclusive jurisdiction of the law of New South Wales for the purpose of determining any dispute concerning this Agreement. Westpac Banking Corporation ABN Page 14

15 From 1 January 2010, this Fair Work Information Statement is to be provided to all new employees by their employer as soon as possible after the commencement of employment. The Statement provides basic information on matters that will affect your employment. If you require further information, you can contact the Fair Work Infoline on or visit The National Employment Standards The Fair Work Act 2009 provides you with a safety net of minimum terms and conditions of employment through the National Employment Standards (NES). There are 10 minimum workplace entitlements in the NES: 1. A maximum standard working week of 38 hours for full-time employees, plus reasonable additional hours. 2. A right to request flexible working arrangements. 3. Parental and adoption leave of 12 months (unpaid), with a right to request an additional 12 months. 4. Four weeks paid annual leave each year (pro rata). 5. Ten days paid personal/carer s leave each year (pro rata), two days paid compassionate leave for each permissible occasion, and two days unpaid carer s leave for each permissible occasion. 6. Community service leave for jury service or activities dealing with certain emergencies or natural disasters. This leave is unpaid except for jury service. 7. Long service leave. 8. Public holidays and the entitlement to be paid for ordinary hours on those days. 9. Notice of termination and redundancy pay. 10. The right for new employees to receive the Fair Work Information Statement. A complete copy of the NES can be accessed at Please note that some conditions or limitations may apply to your entitlement to the NES. For instance, there are some exclusions for casual employees. If you work for an employer who sells or transfers their business to a new owner, some of your NES entitlements may carry over to the new employer. Some NES entitlements which may carry over include personal/carer s leave, parental leave, and your right to request flexible working arrangements. Right to request flexible working arrangements Requests for flexible working arrangements form part of the NES. You may request a change in your working arrangements, including changes in hours, patterns or location of work from your employer if you require flexibility because you: are the parent, or have a responsibility for the care, of a child who is of school age or younger are a carer (within the meaning of the Carer Recognition Act 2010) have a disability are 55 or older are experiencing violence from a member of your family or provide care or support to a member of your immediate family or household, who requires care or support because they are experiencing violence from their family. If you are a parent of a child or have responsibility for the care of a child and are returning to work after taking parental or adoption leave you may request to return to work on a part-time basis to help you care for the child. Modern awards In addition to the NES, you may be covered by a modern award. These awards cover an industry or occupation and provide additional enforceable minimum employment standards. There is also a Miscellaneous Award that may cover employees who are not covered by any other modern award. Modern awards may contain terms about minimum wages, penalty rates, types of employment, flexible working arrangements, hours of work, rest breaks, classifications, allowances, leave and leave loading, superannuation, and procedures for consultation, representation, and dispute settlement. They may also contain terms about industry specific redundancy entitlements. If you are a manager or a high income employee, the modern award that covers your industry or occupation may not apply to you. For example, where your employer guarantees in writing that you will earn more than the high income threshold, currently set at $142,000 per annum and indexed annually, a modern award will not apply, but the NES will.

16 Agreement making You may be involved in an enterprise bargaining process where your employer, you or your representative (such as a union or other bargaining representative) negotiate for an enterprise agreement. Once approved by the Fair Work Commission, an enterprise agreement is enforceable and provides for changes in the terms and conditions of employment that apply at your workplace. There are specific rules relating to the enterprise bargaining process. These rules are about negotiation, voting, matters that can and cannot be included in an enterprise agreement, and how the agreement can be approved by the Fair Work Commission. You and your employer have the right to be represented by a bargaining representative and must bargain in good faith when negotiating an enterprise agreement. There are also strict rules for taking industrial action. For information about making, varying, or terminating enterprise agreements visit the Fair Work Commission website, Individual flexibility arrangements Your modern award or enterprise agreement must include a flexibility term. This term allows you and your employer to agree to an Individual Flexibility Arrangement (IFA), which varies the effect of terms of your modern award or enterprise agreement. IFAs are designed to meet the needs of both you and your employer. You cannot be forced to make an IFA, however, if you choose to make an IFA, you must be better off overall. IFAs are to be in writing, and if you are under 18 years of age, your IFA must also be signed by your parent or guardian. Freedom of association and workplace rights (general protections) The law not only provides you with rights, it ensures you can enforce them. It is unlawful for your employer to take adverse action against you because you have a workplace right. Adverse action could include dismissing you, refusing to employ you, negatively altering your position, or treating you differently for discriminatory reasons. Some of your workplace rights include the right to freedom of association (including the right to become or not to become a member of a union), and the right to be free from unlawful discrimination, undue influence and pressure. If you have experienced adverse action by your employer, you can seek assistance from the Fair Work Ombudsman or the Fair Work Commission (applications relating to general protections where you have been dismissed must be lodged with the Fair Work Commission within 21 days). Termination of employment Termination of employment can occur for a number of reasons, including redundancy, resignation and dismissal. When your employment relationship ends, you are entitled to receive any outstanding employment entitlements. This may include outstanding wages, payment in lieu of notice, payment for accrued annual leave and long service leave, and any applicable redundancy payments. Your employer should not dismiss you in a manner that is harsh, unjust or unreasonable. If this occurs, this may constitute unfair dismissal and you may be eligible to make an application to the Fair Work Commission for assistance. It is important to note that applications must be lodged within 21 days of dismissal. Special provisions apply to small businesses, including the Small Business Fair Dismissal Code. For further information on this code, please visit Right of entry Right of entry refers to the rights and obligations of permit holders (generally a union official) to enter work premises. A permit holder must have a valid and current entry permit from the Fair Work Commission and, generally, must provide 24 hours notice of their intention to enter the premises. Entry may be for discussion purposes, or to investigate suspected contraventions of workplace laws that affect a member of the permit holder s organisation or occupational health and safety matters. A permit holder can inspect or copy certain documents, however, strict privacy restrictions apply to the permit holder, their organisation, and your employer. The Fair Work Ombudsman and the Fair Work Commission The Fair Work Ombudsman is an independent statutory agency created under the Fair Work Act 2009, and is responsible for promoting harmonious, productive and cooperative Australian workplaces. The Fair Work Ombudsman educates employers and employees about workplace rights and obligations to ensure compliance with workplace laws. Where appropriate, the Fair Work Ombudsman will commence proceedings against employers, employees, and/or their representatives who breach workplace laws. If you require further information from the Fair Work Ombudsman, you can contact the Fair Work Infoline on or visit The Fair Work Commission is the national workplace relations tribunal established under the Fair Work Act The Fair Work Commission is an independent body with the authority to carry out a range of functions relating to the safety net of minimum wages and employment conditions, enterprise bargaining, industrial action, dispute resolution, termination of employment, and other workplace matters. If you require further information, you can visit the Fair Work Commission website The Fair Work Information Statement is prepared and published by the Fair Work Ombudsman in accordance with section 124 of the Fair Work Act Copyright Fair Work Ombudsman. Last updated: July 2017.