The Australian Fair Pay and Conditions Standard was a set of five minimum statutory entitlements for wages and conditions introduced as part of the Howard government's WorkChoices amendments to Australian labour law in 2006 and then abolished by the Fair Work Act 2009 in 2010.
Compliance was ensured by Workplace Ombudsman inspectors, with powers to investigate disputes and enforce valid claims.
In Victoria, the application of the Standard (although universal) was slightly different in terms of how wage rates were adjusted by the Australian Fair Pay Commission.
Continuous shift workers received an additional week of annual leave, provided they regularly worked both Sundays and public holidays.
Carer's leave was part of the same entitlement and could be used to provide care and support to a member of an employee's immediate family or household.
There was also provision for two days of paid compassionate leave per occasion, when a member of immediate family or household had a life-threatening illness or injury, or died.
[9] The new Labor Government has also introduced a bill, the Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill, which if passed will see all employees able to access 10 days of paid family or domestic violence leave from 1 February 2023, or 1 August 2023 for small businesses (those with less than 15 employees).
Parental leave under the Standard applied to all full-time, part-time and eligible casual employees who had at least 12 months continuous service with the same employer.
Special maternity leave (unpaid) could have been taken if a pregnancy was terminated within 28 weeks of the expected date of birth or pregnancy-related illness.
The commission also had the power to set minimum rates of pay for juniors, trainees and apprentices, employees with disabilities and piece workers.
In terms of the Standard, the main criticisms were that it would not protect minimum wages and that it would undermine many conditions and entitlements workers previously enjoyed.
According to the ACTU, the Howard government wanted to reduce the minimum wage and it claimed that it would appoint people to the Fair Pay Commission who would carry out its agenda.
During a Senate Estimates hearing on 29 May 2006, Peter McIlwain, Head of the Office of the Employment Advocate detailed that from a sample of 4 per cent, or 250, of the total 6,263 AWAs lodged during April 2006 after WorkChoices was introduced: As part of its industrial relations changes, the Rudd government proposed to augment the Standard by creating 10 National Employment Standards.
[16] In addition to the existing matters dealt with under the Standard, the National Employment Standards also covered matters relating to requests for flexible working arrangements, community service leave, long service leave, public holidays, notice of termination and redundancy pay, and requirements for an information statement to be provided to employees.
When the Fair Work Act 2009 was passed by the Rudd government and came into effect on 1 January 2010, the Standard ceased to exist.