How can we help you?
MKI Legal has been Featured as Expert Employment Lawyers In
Employment Law in Australia
The employment law system in Australia is separated into either a State-based employment system or a Federal employment system.
In Western Australia, you are likely in the Federal system if you work for a company, the Federal government, a not-for-profit that sells goods or services (as oppose to relying entirely on donations or grants) or certain local councils.
Most employees in Australia fall under the Federal system.
The employment relationship is governed in a variety of ways including private contracts between employer and employee, awards which apply to specific industries, enterprise bargaining agreements and legislation such as the Fair Work Act.
ENQUIRE NOW
The Federal System
The Federal employment system is governed primarily by the Fair Work Act.
The Fair Work Act sets out minimum standards of employment, including a set out 10 minimum entitlements which covers rights and obligations such as maximum hours of work, annual leave, sick leave, minimum notice requirements, redundancy pay and rights to flexibility at work.
The Fair Work Act also has mechanisms to help employees who have been dismissed in breach of the law.
The Federal employment system has created various entities to ensure that the laws are followed which include:
- The Fair Work Commission which has responsibilities under the Fair Work including making awards, setting minimum pay, approving enterprise bargaining agreements and hearing disputes such as unfair dismissal claims. The Fair Work Commission is a tribunal, which is basically like a court.
- The Fair Work Ombudsman is an independent government body which investigates complaints and enforces compliance of national employment laws. The Fair Work Ombudsman is not a court but has a similar role in relation to workplace laws as the Australian Taxation Office has to taxation law.
- Federal Court and Federal Circuit Court: these two courts have the power to deal with all federal legal issues including employment issues. They can hear claims for underpayment, general protections, breaches of the Fair Work Act and have the power to issue fines for breaches of workplace laws.
WA State System
You are likely in the Western Australian State system if you work for:
- the Western Australian State government;
- a sole trader;
- a partnership (not involving a company); or
- a not-for-profit which relies on grants and donations (and does not sell goods or services).
The Western Australian Industrial Relations Commission is the tribunal which has the power to determine various disputes involving employees in the State system.
ENQUIRE NOW
Years of Experience
A Senior employment lawyer will be involved in your matter so you can rest assured you are getting accurate and reliable advice.
Affordable service
We provide the best value service in our industry. We are confident that our cost structure and rates are better than any other employment law firm in Perth, without sacrificing quality. Our expertise is in employment law, so we can deliver a far better service at a far better price.
You are better Off
Unlike other law firms, our aim is to leave you better off financially, and in a better position than you were before you engaged us.Latest Blog Posts
Misconduct at a work-related social event is a valid reason for dismissal
A senior manager was first employed by a bank as a Customer Service Officer. Through 35 years of employment, he had reached the position of Senior Relationship Manager in a branch. He had been provided training on the bank’s policies regulating employee conduct. His most recent training focused on victimisation,... Read More
Excessive personal texting for a private side business whilst at work a valid ground for dismissal
A growing side business A health and safety manager began full-time employment in December 2020. In February 2021, the manager listed her farm cottage on Airbnb, intending to rent it out. However, she was contacted by another company proposing for her to allow caravaners to park on her property nightly.... Read More
Sexually harassing conduct weighs against harshness of dismissal
A council worker was hired to work as a school crossing supervisor in March 2009. He was one of 108 school crossing supervisors employed by the council. He had been working for three years at the school crossing near a primary school. Incident of 12 March 2021 Request to... Read More
Insubordination caused by disagreeing with employer’s actions is a valid reason for dismissal
A retail employee worked part-time at a supermarket beginning October 2017 as a check-out operator and swiftly became a supervisor in the customer service department. From working for only 25 hours per week, she was asked to work 35 hours a week. Discovered that a co-worker was a convicted... Read More
Evidence of mild autism is insufficient to excuse sexually harassing conduct
Constable, promoted to senior constable, then, sergeant A constable had been posted at several police stations in New South Wales since he completed training at the police academy in 1997. In 2003, he was promoted to Senior Constable and in 2005, he was promoted to Leading Senior Constable. In 2012,... Read More
Dismissal for carrying on a consensual romantic affair with student, unfair and unreasonable
An associate professor of mathematics began his employment at a university in June 2012. Kissing incident at the beach during a retreat On 21 November 2017, the professor coordinated a mathematics academic retreat at a beachside campus. The professor was in his mid-30s and he had a female student... Read More
Dismissal for posting Hitler moustache on Facebook, not unfair or unreasonable but harsh
A child protection case worker had been working full-time for a community service centre since January 2019. She had received positive performance reviews and had been commended for the quality of her work. She went on maternity leave in June 2020 but returned to work on 22 March 2021. ... Read More
In investigating sexual harassment, employers cannot focus only on the applicant’s feelings to the exclusion of the factual context of the allegations
Aviation First Aid Training An Aviation Safety Training Instructor for Flight Operations had been employed with an Australian airline company since August 2013. On 7 January 2021, the training instructor conducted a training course for the airline employees at their jet base in Sydney. The training consisted in a morning... Read More
He said, she said: Marital breakdown—not a valid cause for redundancy or dismissal for cause
Was the wife even an employee of the business? In 2012, when a husband and wife co-founded a company that bought and sold phone cases and other electronic gadgets, the wife began working for the company. The husband disputed the wife’s assertion that she co-founded the company with him. He... Read More
Finding potential external employment for staff is not an acceptable alternative to reducing redundancy pay
Employer’s application for reduction of redundancy entitlement In a deviation from the usual case, this treats of an application by an employer to reduce the amount of redundancy pay of nine employees it had made redundant to nil. The employer argued that as an employer, it had obtained other acceptable... Read More
Company’s erroneous advice, an exceptional circumstance that allowed a late unfair dismissal application
Tram driver dismissed for inability to perform job A tram driver suffered from calcification of the coccyx that made it painful for him to sit at the driver’s seat. He’d had three corrective surgeries but the fourth surgery had been delayed because of Covid. The tram driver had not been... Read More
Having drug levels higher than company threshold is serious misconduct
Allegations of intoxication by colleagues An IT Project Manager was hired by a sugar company in 2019. In April 2021, the IT General Manager and the HR Manager met with the project manager to advise him of allegations raised by two colleagues and that an investigation will be commenced. ... Read More