What are the key pieces of employment legislation in Australia?
From 1 January 2010, the most important piece of legislation regarding the operation of employment laws in Australia is the Fair Work Act 2009 (Cth). This law is a major development from the previous workplace relations legislation which was enacted by the Howard government and then has now been repealed by the Rudd government. The new legislation brings in the National Employment Standards (NES) and many employers who were previously under the jurisdiction of state law are moving into the National system from New South Wales, Queensland, Tasmania and South Australia. The NES give a safety net of basic rights for workers on minimum employment terms and conditions. Some of the new requirements include making the provision of the Fair Work Information Statement to all new employees. Under the new legislation the employers covered in the national system now includes sole traders, partnerships, unincorporated entities and non-trading corporations in New South Wales, Queensland, South Australia and Tasmania. This is in addition to the Pty Ltd businesses and all employers in the ACT, NT and Victoria who were already incorporated into the national system. The system of modern awards will be entering into operation at the same time as the new NES. If there is any inconsistency between the rights applying to workers, the higher level of rights from the National and State Systems will usually apply. Generally, the modern awards will only apply if there are earnings of less than $108,300 annually. These modern awards, cover conditions in relation to the wages of employees, overtime and penalty rates, types of employment, work arrangements, hours,
breaks, pay grades, allowances, leave and leave loading as well as superannuation and the appropriate procedures for consultant, representation and dispute settlement between employees and employers. Discover the pivotal role of solicitors in agreements and how they can streamline the process.
What are the consequences of a failure to comply with employment legislation?
The consequences of failure to comply with employment legislation can be very harsh including large fines and the payment of compensation. If you need more information about employment legislation and how it applies to you and your business, you can chat to a lawyer online about this on our site here, or post your legal matter to our contact form to the right. Also, if you would like an immediate response, you can post your question to the question box below.
