# Au fair work compliance
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Assess compliance with the Fair Work Act 2009 (Cth) — including the 11 National Employment Standards (NES), modern award coverage and minimum entitlements…

Assess compliance with the Fair Work Act 2009 (Cth) — including the 11 National Employment Standards (NES), modern award coverage and minimum entitlements, enterprise agreement obligations, general protections and adverse action exposure, sham contracting risk, termination and unfair dismissal procedural fairness, record-keeping obligations, and FWO enforcement risk profiling. Fully covers the Closing Loopholes Acts (2023–2024): right to disconnect, new casual definition, fixed-term contract limits, wage theft criminalisation (effective 1 January 2025), labour hire same-job-same-pay orders, employee-like platform worker standards, and flexible work request reforms. Generates COMPLIANT / PARTIAL / NON-COMPLIANT findings with CRITICAL / HIGH / MEDIUM / LOW risk tiers, clause-level remediation language with revised drafts, penalty exposure estimates, and a prioritised remediation roadmap. Use when auditing employment agreements, award compliance, wage and hour practices, casual conversion eligibility, flexible work policies, termination procedures, contractor classification, or any workplace practice for Fair Work Act compliance. Jurisdiction: Australia (national — all states and territories). Enforced by Fair Work Ombudsman (FWO) and Fair Work Commission (FWC). Supports employer, employee, and adviser perspectives.

This skill assesses employment arrangements, workplace policies, and business practices for compliance with the Fair Work Act 2009 (Cth) and its subordinate instruments. **Covers:** - Employment status: employee vs. independent contractor (post-*Personnel Contracting* [2022] HCA 1 [VERIFY]) - Modern award coverage and minimum classification rates - All 11 National Employment Standards (NES), including the Closing Loopholes additions - Enterprise agreement currency, BOOT compliance, and post-approval obligations - General protections: adverse action, workplace rights, coercion, and misrepresentation - Sham contracting detection (FWA ss 357–359 [VERIFY]) - Unfair dismissal: procedural fairness, valid reason, Small Business Fair Dismissal Code - Genuine redundancy: redeployment obligation and consultation requirements - Closing Loopholes reforms: right to disconnect, new casual definition, fixed-term contract limits, wage theft criminalisation, labour hire orders, employee-like worker standards - Record-keeping and payslip obligations (Part 3-6, FW Regulations reg 3.33–3.46 [VERIFY]) - FWO enforcement risk profiling: civil penalties, compliance notices, undertakings - COMPLIANT / PARTIAL / NON-COMPLIANT classification with CRITICAL / HIGH / MEDIUM / LOW risk tiers - Clause-level remediation with revised draft language and fallback positions - Compliance program gap assessment and remediation roadmap **Does not:** - Provide legal advice or replace qualified employment counsel - Cover state-specific long service leave ...

## Jurisdictions

Australia



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