s44: s 44 Comply with the National Employment Standards
An employer does not contravene any provision of the National Employment Standards (Part 2-2, Divisions 3 to 12). The NES are minimum standards that cannot be displaced by a modern award, enterprise agreement or contract (ss 55, 61), and a contravention is a civil remedy contravention.
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s44. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
NES compliance matrix mapping each NES entitlement to the payroll, leave and HR process that delivers it; Periodic payroll audit reports testing leave accrual, public holiday pay, notice and redundancy calculations against the NES; Remediation register for NES underpayments found and back-paid with interest
What usually goes missing
Contracts or policies that purport to reduce NES entitlements; Leave accrual configured incorrectly for part-time employees; No periodic testing of payroll against NES minimums
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.