Employment Law

Employment law in Australia governs the relationship between employers and employees, covering issues such as wages, working conditions, termination, discrimination, and workplace rights. It is regulated by various laws, including, most notably, the Fair Work Act 2009, which sets national workplace standards.

The Fair Work Act 2009 is the primary legislation that governs employment relations in Australia. It sets out the rights and responsibilities of employees and employers, including the National Employment Standards (NES), minimum wage, unfair dismissal protections, and rights to leave and flexible working arrangements.

The National Employment Standards (NES) provide 11 minimum entitlements for employees, including maximum weekly hours, annual leave, parental leave, public holidays, and notice of termination. All employers must comply with these standards unless an enterprise agreement or contract provides more favourable terms.

Unfair dismissal occurs when an employee is terminated in a harsh, unjust, or unreasonable manner. Employees who have been employed for at least 6 months (or 12 months in small businesses) can apply to the Fair Work Commission for an unfair dismissal claim. The Commission will assess whether the dismissal was fair and lawful.

Employers in Australia are required under Work Health and Safety (WHS) laws to provide a safe work environment. This includes identifying hazards, conducting risk assessments, and implementing controls to reduce risks. Employers must also provide training and supervision to ensure workplace safety standards are met.

An employee works under a contract of employment and is entitled to benefits such as minimum wages, superannuation, and leave entitlements.

A contractor works under an independent contract, typically controlling their own work and business. Contractors are not entitled to employee benefits but must pay their own taxes and superannuation.

Australian laws, including the Fair Work Act, Racial Discrimination Act 1975, and Sex Discrimination Act 1984, prohibit discrimination in the workplace based on attributes such as race, gender, age, disability, religion, and sexual orientation. Employees who face discrimination can file complaints with the Fair Work Commission or the Australian Human Rights Commission.

Under the NES, full-time employees are entitled to:

• Annual leave: 4 weeks of paid leave per year.
• Personal leave: 10 days of sick or carer’s leave.
• Parental leave: Up to 12 months of unpaid leave for the birth or adoption of a child for permanent employees who have completed at least 12 months of continuous service. Casual employees are also entitled to unpaid parental leave if they have been working with their employer for a continuous period of 12 months on a regular and systematic basis, and there is a reasonable expectation of continuation of work on a regular and systematic basis had it not been for the birth or adoption of a child.

Redundancy occurs when an employee’s role is no longer required due to changes in the business. Employees who are made redundant may be entitled to redundancy pay depending on their length of service. Generally, employers must provide notice, consult with the employee, and offer support during the redundancy process.

Workplace bullying is repeated unreasonable behaviour that creates a risk to health and safety. Employees can report bullying to their employer or the Fair Work Commission, which may issue orders to stop the bullying. Employers must take reasonable steps to prevent and address bullying, which may include implementing and enforcing workplace policies and procedures.