FAQs
What is covered by employment law?
In Australia, employment law encompasses a wide range of regulations that govern the relationship between employers and employees, these laws and regulations aim to create a fair, safe, and equitable workplace for all employees in Australia. The primary federal legislation is the Fair Work Act 2009, which sets the minimum standards for employment conditions and entitlements, including wages, working hours, leave entitlements, and protections against unfair dismissal. In Western Australia, we also have a state based industrial relations system including minimum standards set by the Minimum Conditions of Employment Act 1993.
Employment law also covers anti-discrimination measures, ensuring that employees are not discriminated against based on race, gender, age, disability, or other protected attributes.
Workplace health and safety regulations, including under the WA Work Health and Safety Act 2020 help protect workers and set standards to promote safe working environments.
What do employment lawyers do?
Employment lawyers can assist both employers and employees, providing legal advice on a variety of workplace issues, including drafting and reviewing employment contracts, ensuring compliance with employment legislation, and advising on workplace policies and procedures. Employment lawyers also represent clients in disputes related to unfair dismissal, discrimination, workplace bullying, and harassment. They assist in negotiating and drafting enterprise agreements and can provide guidance on redundancy processes and performance management. Employment lawyers may also represent clients in court or before tribunals such as the Fair Work Commission, ensuring that their clients’ rights are protected and that they receive fair treatment under the law.
How is labour law enforced in Australia?
In Australia, Labour law is enforced through a combination of federal and state mechanisms. The Fair Work Ombudsman (FWO) is a key federal body responsible for ensuring compliance with the Fair Work Act 2009 and the National Employment Standards (NES). The FWO helps employers and employees by providing information, education and advice on pay rates and workplace rights and obligations. It also enforces compliance with the Fair Work Act, related legislation, awards and registered agreements.
The Fair Work Commission (FWC) is the independent national workplace relations tribunal and plays a significant role in resolving industrial disputes, including handling unfair dismissal claims, approving, varying and terminating enterprise agreements and regulating registered organisations.
State and territory agencies enforce specific aspects of labour law, such as workplace health and safety regulations and anti-discrimination laws. Penalties for non-compliance can include fines, compensation orders, and other legal remedies to ensure that employers adhere to their obligations and that employees’ rights are upheld.
How does Australian labour law protect employees?
Australian labour law protects employees through a few legislative measures.
- The Fair Work Act 2009 establishes the National Employment Standards (NES), which sets out minimum entitlements for employees, including maximum weekly hours, annual leave, personal/carer’s leave, and protections against unfair dismissal.
- Anti-discrimination laws at both federal and state levels (such as the Age Discrimination Act 2004, the Disability Discrimination Act 1992, the Racial Discrimination Act 1975, and the Sex Discrimination Act 1984) protect employees from discrimination based on race, gender, age, disability, and other features and characteristics.
- legislation ensures safe working conditions by mandating risk assessments and safety measures.
- Employees also have the right to join unions and engage in collective bargaining to negotiate better terms and conditions.
What are the different types of employment law?
Labour Law in Australia covers a variety of different areas that protect the rights of workers in Australia.
- The Fair Work Act 2009 governs the basic terms and conditions of employment, including the National Employment Standards (NES) and protections against unfair dismissal.
- The Work Health and Safety Act 2020 (WA) and Work Health and Safety Act 2011 (Cth) mandate safe working environments and outline the responsibilities of employers and employees regarding workplace safety.
- Anti-Discrimination Laws such as the Age Discrimination Act 2004, the Disability Discrimination Act 1992, the Racial Discrimination Act 1975, and the Sex Discrimination Act 1984, prohibit discrimination based on race, gender, age, disability, and other protected attributes.
- The Privacy Act 1988 regulates the handling of personal information, ensuring that employee data is collected and used responsibly.
- The Independent Contractors Act 2006 protects the rights of independent contractors and prevents unfair treatment in contract arrangements.
- Industrial Instruments like modern awards and enterprise agreements that provide the minimum conditions required for employment in each industry or occupation.
