NSW employees are covered by the Fair Work Act and NES, plus the Long Service Leave Act 1955 (NSW). The NSW Industrial Relations Commission has jurisdiction over state public servants.
Employees are entitled to 2 months (8.67 weeks) of paid long service leave after 10 years of continuous service with the same employer. Employees may access a pro-rated entitlement after 5 years if dismissed (other than for serious misconduct) or due to illness or domestic pressing necessity. Leave accrues at approximately 0.8667 weeks per year.
How ClockIt Helps
ClockIt tracks LSL accrual from day one, projects when each employee reaches the 5-year pro-rata threshold and 10-year full entitlement, and calculates the monetary liability for finance forecasting.
Modern Awards set minimum pay rates, penalty rates (evenings, weekends, public holidays), and allowances for each industry. Award rates are updated by the Fair Work Commission each July 1. Employees cannot be paid below their applicable Award rate, even with an Enterprise Agreement.
How ClockIt Helps
ClockIt's Award interpretation engine applies the correct base rate, penalty multipliers, and allowances from the relevant Modern Award to each timesheet, automatically adjusting on July 1 each year.
Most Modern Awards provide overtime rates of 1.5× for the first 2-3 hours and 2× thereafter. Saturday work often attracts 1.5×, Sunday 2×, and public holidays 2.5×. Award-free employees working in excess of 38 hours per week are entitled to reasonable additional hours or overtime.
How ClockIt Helps
ClockIt auto-applies the penalty rate schedule from the employee's Award, calculating shift premiums in real time and producing a penalty pay summary for payroll review.
Never worry about missing an overtime threshold, break penalty, or leave entitlement again.
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