Full-time employment in regional Australia

The position must provide full-time employment

Under regulation 5.19(4)(b)(i)(A), the nominated position must provide the nominee with full-time employment.

We note that there is no specific guide line in relation “full-time employment” it can be full-time per correct award or 38hours per week however see below for further information from DIAC’s point of view. If there are any doubts as to whether an employment condition is relevant to full-time employment, case officers can ask the employer to provide the legislative basis for providing the employment condition.

The following minimum standards for full-time employees have been established by Commonwealth legislation:

•      guaranteed hours of at least 38 hours per week

•      at least four weeks of annual leave paid at the basic periodic rate of pay

•      entitled to at least ten days personal leave each year paid at the basic periodic rate of pay. This includes sick, carer's and compassionate leave:

•      two days compassionate leave for each occasion if it is required and

•      two days unpaid carer's leave for each occasion if it is required and

•      unpaid parental leave.

Basic employee entitlements can be found on the Fair Work Australia website (www.fwa.gov.au).

NOTE: The minimum standards may be varied for a workplace agreement or contract of employment, for example, leave periods may be reduced in return for higher rates of pay. Any such variation and compensation should be clearly evident within the contract.

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