Question: Do I need to comply with the National Employment Standards and Fair Work Act if my employee has not yet signed an employment agreement?
Answer:Yes. Where no signed Employment Agreement exists, the employer and employee must still act in accordance with the National Employment Standards and the Fair Work Act 2009 (Cth) (Fair Work Act) whether or not a written contract has been written and/or signed. For example, where an employee has worked for an employer for less than one year the employee must give the minimum notice period of one week in accordance with s117 (3) (a) of the Fair Work Act. You must also ensure that your business meets the entitlements and leave allowances as set out in the National Employment Standards. You may also be required to meet certain pay requirements if your employee falls under a Fair Work Award.
