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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.
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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.
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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
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Ambulance station manager, sacked for anti-vaccination comments on Facebook, asks invalidation of “unreasonable” public health orders
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When verification was a team responsibility, evidence from the entire team must be considered or the investigation will be deficient
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When a significant reduction in compensation is a dismissal
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Non-receipt of government wage subsidy not a ground to withhold employee’s pay
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Unreasonable behaviour of a manager toward a staff member—when is it bullying?
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Exceptional circumstances: When a late application for unjust dismissal can still be heard by the Fair Work Commission
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Dismissal due to restaurant closure for Covid-19—not a case of genuine redundancy
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Misplaced knife only negligent, not serious misconduct—dismissal unjustified
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Feeling like knocking someone off their perch? Not a valid reason for a termination
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Posting sexually suggestive meme on Facebook, valid ground for dismissal
Finance Broker’s role The finance broker was hired on February 2013. He helped clients organise their assets, apply for and settle loans through banks and he dealt with clients through phone or email. His work performance depended on the number of loans he generated for the finance company. In 2017,... Read More