It is the employees’ obligation to follow all agreements between them and their employers. But it is the employer’s responsibility to ensure that the employees are in a safe environment and treated fairly and accordingly.
As business owners, you have the freedom to create your very own work policy, rules and regulations and agreements. However, they will not be deemed valid and legal unless every single item is in compliance with Australia’s employment law.
Many businesses have suffered financial losses as a result of noncompliance with legal rules and regulations. So, in order to succeed in business, it is critical to follow the rules and regulations of the employment law and to develop policies and agreements in accordance with the law. In case any issues regarding the employment law arise in your business, be sure to seek professional help in handling these issues.
In this article, you are going to learn about the employment law, the possible issues related to it and how professionals can help you and your business overcome any employment law issues.
What Is the Employment Law in Australia?
An employment law is a series of rules and laws that governs the employee–employer relationships at work. If you have more than one employee, each agreement and contract signed by each of them shall be in accordance with the employment law.
Each state in Australia has employment laws that are made up of both the state and federal laws. Although employment laws in Australia may contain minor differences depending on the state you are in, all share the ultimate goal that is to protect the workers’ rights.
The major role of the employment laws in the workplace are:
- To establish the minimum working condition requirements for the employees
- To specify the minimum wage the employers must pay the employees
- To promote healthy and safe workplace environment without discrimination
- To prevent conflicts between labour and management that will disrupt work
What Are the Sources of the Australian Employment Law?
The main source of the Australian employment law is the legislation that regulates the protection of employee rights under the hands of their employers. You must know these legislations because they apply to almost all the employers around Australia, regardless of the territory or state.
Here is the list of some of the most important legislation on workplace relations in Australia:
1. Fair Work Act 2009
This legislation is the main source of employment law. It ensures a healthy working relationship between the workers and their employers. Under the Fair Act 2009, the basic rights of an employee, such as minimum wage, compensations and paid leaves or vacations, are stated.
2. Work Health and Safety Act 2011
This act protects the health and safety, not only of its employees or workers, but also those of other people associated with the workplace like the customers and visitors. It also protects the wellbeing and welfare of the employees.
3. State and Federal Anti-Discrimination Laws
The Australian Human Rights Commission regulates the protection of workers from discrimination in workplace. The examples of discriminations that they prevent are age discrimination, racial discrimination, gender discrimination and disability doscrimination.
4. Privacy Act 1988
Under this act, the employers must handle the information of their employees properly. It makes sure that there will be no unnecessary disclosure of personal information the employees provide their employers.
5. National Employment Standards (NES)
NES guarantees the provision of basic minimum benefits for employees.
Other sources of employment law are the common law and the industrial instruments.
What Issues Are Covered by the Employment Law?
The possible and most common employment law issues that you may encounter in your business or workplace are:
- Immigration issues for non-Australian citizen employees
- Discrimination among employees
- Minimum wage disputes
- Overtime disputes
- Salary misclassification
- Wrongful termination
- Employee use of social media
- Trade disputes
- Misuse of confidential information.
How Can You Address the Issues Related to Employment Law?
When faced with issues regarding employment law, it is important that you stay calm. Talk to your employees involved in the issue and make sure that both parties state their sides. Come up with the agreement or solution to resolve the issue and prevent it from happening again. Lastly, it is best to have an experienced lawyer witness everything and consult them with the best way to address the issues.
How Can a Lawyer Help You on Employment Law Issues?
Employment lawyers have a deep understanding of the laws and legislations concerning employment and industrial relations. They are familiar with the issues concerning employment law, as well as the best and effective ways to resolve these issues. They have access to the up-to-date versions of the laws and legislations that you can have as reference for your revised contract signing or agreements with your employees.
By having a good lawyer by your side, you can be assured that your business and your employees are well-protected.
How Madison Marcus Can Help You
If you are looking for help on employment law issues in your workplace in Sydney, Madison Marcus is the place for you. We are the best law firm in Sydney, Australia.
Our team of experienced lawyers is the best in their fields, including employment law. We will help you develop the right policies and procedures for your business to ensure that both you and your employees are protected and your commercial objectives realised.
For all enquiries, contact us here.