- Terminated from Your Job?
- Bullied at Work?
- Discriminated at Work?
- Treated Unfairly at Work?
- Need a Contract Reviewed?
- Made Redundant?
- Been Stood Down?
- Need to Reply to Allegations?
- Not Paid Correctly?
- On a Performance Plan?
- Sexually Harassed?
- Need to Make a Complaint?
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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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Contravening a modern award makes employer liable for payment of backpay to underpaid employees and civil penalties
Contravening a modern award makes employer liable for payment of backpay to underpaid employees and civil penalties Case background The three employers all owned and operated fast food stores and employed about 30 employees. The employees they hired were classified as adult and junior employees. Those employees were covered by... Read More
Repeated instances of inappropriate, unprofessional conduct and neglect of duties found to be valid reasons for termination
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Secretly recording disciplinary meetings with your manager is a valid cause for dismissal
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Pecuniary penalty awarded to employee made to do unpaid “dips” before a shift
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Refusing a pregnant employee’s return to work – an adverse action prejudicial to employment for which employer meted civil penalty
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Coughing in co-employee’s face is a valid reason for dismissal
Coughing in co-employee’s face is a valid reason for dismissal Case background A catering assistant worked part-time at an aged care facility that had 121 elderly residents who were either receiving palliative care or considered in a high-risk state of health. He had been working at the aged care facility... Read More
Pre-school teacher’s resignation upheld as constructive dismissal & wins her old job back after going for unfair dismissal
Childcare centre Employment A 70-year old woman was hired as a University-Qualified Early Childhood Teacher. She had a contract from March 2014 until January 2019. She was re-hired for the same position on April 2019 until December 2019 when she resigned. The employer was a childcare centre. In January 2019,... Read More
Farm Manager Forced to Resign Wins Unfair Dismissal Claim
Case background A manager had been employed for two years at a horse farm. She began as a Team rider but was quickly promoted to the position of Farm Manager with a gross annual salary of $50,000. On January 31, 2020, the Farm Manager received an email requesting her to... Read More
It’s my wife or your job: Failing to please the boss’s wife is not a valid ground for dismissal
A 59-year old national sales and marketing manager had been working for one of the businesses of a family-owned group of businesses since 1991. He worked closely with the two sons of the owner of the businesses who had taken over the business and had a productive working relationship with... Read More
Stand down during COVID-19 Pandemic
Coronavirus or COVID-19, has changed the way in which most of us do work, including working from home and/or implementing social distancing practices within the workplace. The way in which services are delivered have also changed, whether it be an increased demand in online shopping or changing from dining-in to... Read More
How to deal with your employees if COVID-19 has reduced your income
How to deal with your employees if COVID-19 has reduced your income If your business has been impacted by COVID-19, there are some steps that may assist you to manage your cash flow and keep your business viable moving forward. Does your business qualify for JobKeeper? JobKeeper... Read More
What Qualifies as a Constructive Dismissal Claim?
A constructive dismissal is usually an involuntary resignation by the employee because the employer has made unbearable the employee’s working conditions, working environment, or terms and conditions of the employment. A constructive dismissal is a forced resignation. The employee resigned because the employer acted with an intent to end the... Read More