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
"I had no idea where to go, so I went online and researched employment lawyers. MKI was in the top three."
"I realised it was the right thing to do. They did it a professional way. They guided me step by step through the process."
"I was very pleased with the service, very happy with the outcome."
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
UNDERSTANDING PERFORMANCE MANAGEMENT AND PERFORMANCE MANAGEMENT LAWS IN WA
What is underperformance? Employees are expected to perform the tasks assigned to them to the standards set by the employer. Standards of work performance vary from time to time because businesses modify their operations, procedures and processes to increase their productivity. Underperformance occurs when employees fail to meet the expectations... Read More
Unfair Dismissal Is Any Dismissal That Is Harsh, Unreasonable Or Unjust
WHAT IS AN UNFAIR DISMISSAL? Under s385 of the Fair Work Act, a dismissal is unfair if it was harsh, unjust or unreasonable. Under s.387, a dismissal is harsh, unjust or unreasonable if: There was no valid reason for the dismissal that relates to the employee’s capacity or conduct; The... Read More
What Are the Legal Requirements of Performance Management To Prevent An Unfair Dismissal Claim?
An employee who fails to perform their role or duty satisfactorily should normally be placed on some sort of performance management. Under performance management, the employee is supervised more closely to ensure that the performance of their role meets the employer’s standards. The Employee Must Be Given a Warning However,... Read More
What Constitutes Adverse Actions & How Can Employees File Adverse Action Claims ?
The Fair Work Act protects employees from adverse actions by an employer. An employer is said to have taken adverse action against an employee when they dismiss an employee, injure them in their employment, alter the employee’s position to their detriment or discriminate against the employee. Employees are only protected... Read More
Reinstatement is a Primary Right of Dismissed Employees Under Australia’s Dismissal Laws
A senior executive had a row with a regional HR manager over a PowerPoint presentation with typographical errors. The Senior Executive told the HR manager not to put his name to the PowerPoint presentation as it was not the Senior Executive who authored the presentation. The HR Manager then began... Read More
Termination of Employment of Two Guards for Negligence, Found to Be Harsh
Two guards worked together, and their main role was to pick-up, transport, and deliver money in an armoured vehicle for the clients of their security firm. They picked up a shipment of about $59,000 from the office of a client. On their way to transport the money, they noticed that... Read More
Can An Employee Be Forced To Work At A New Location, Even If It’s A Term In The Employment Contract?
TransGrid directed its Project Manager to relocate to another worksite in Wallgrove after he had already been reporting to the office at Ultimo since 2014. The employee was a project manager and involved in the management and procurement of design processes and feasibility studies. In this role, he regularly travelled... Read More
Dismissal for failing to pass a National Police Check: A case of Unfair Dismissal in WA?
The valid reason for dismissing an employee must exist at the time of the dismissal. When a valid reason for dismissal is found after an employee has already been terminated, the belated valid reason cannot be invoked to justify the earlier dismissal. The ruling in the case of Kelvin Njau... Read More
Terminating Employees? Texting Threats Is Not the Way Even if You’re a Small Business Employer
Sending an employee email and text messages that contain threats and abuse is not acceptable even if the email and text messages contains a reasonable request to reveal the address of a cash job undertaken by the employee after-hours using the tools and equipment of the employer. Using invectives and... Read More
What Are An Employee’s Rights If You’re Dismissed By A Labour-Hire Organisation – Does it Count as a Dismissal?
Can a labour-hire company dismiss an employee simply at the request of its client? The case of Star v WorkPac sheds light on this question. WorkPac Case Background Workpac is a labour hire business. It keeps a pool of candidates which it then supplies to clients such as BHP... Read More
What are an Employer’s rights if an Employee intentionally lies in a Resume?
What are the rights of an employer when faced with an intentionally false misrepresentation committed by an employee? In short an employer can generally fairly dismiss an employee who has intentionally provided false information on a resume or CV. The Hertz Case (Background) The case of Charles Tham v Hertz... Read More
8 Employee Rights – Things You Must Know
As an employee within Australia, you have some important employee rights that protect you at work. What does this mean for you? These rights protect you from discrimination, bullying, harassment and other issues within the workplace. By understanding them and knowing when an employer is breaching them, you can... Read More