The Fair Work Act The FW Act is managed by two bodies – the Fair Work Commission and the Fair Work Ombudsman . The Act is designed to ensure that there is a safety net of minimum entitlements for workers (the National Employment Standards or NES), to enable flexible working arrangements and fairness to everyone at work. It aims to prevent discrimination against employees, and has procedures to deal with complaints about unfair dismissals from employment. The NES consists of 10 entitlements relating to minimum working conditions, working hours, leave entitlements, working arrangements, public holidays and termination and redundancy rights. The entitlements also apply to a limited degree to casual workers. An employer and employee cannot agree to the employee being employed on conditions which are less favourable to the employee than the NES. The FW Act governs the making of modern awards. These modern awards are made by the Fair Work Commission and set minimum terms and conditions for employees in particular industries and occupations. The FW Act also allows for the making of enterprise agreements between one or several businesses and their employees, which override the provisions of the modern award but must pass a ‘better off overall’ test. Get More Information on Employment Law in NSW