Understanding Employment Law in Australia
Employment law covers the legal rights and responsibilities of employers and employees. It governs everything from how contracts are written to how disputes get resolved, and it sits across a mix of federal legislation, awards, and industrial agreements.
In Australia, employment law is largely shaped by the Fair Work Act 2009, which sets out minimum standards for pay, leave, termination, and workplace conduct. These rules apply differently depending on industry, award coverage, and employment type, so it’s worth understanding the basics before you’re in a dispute.
Contracts and Awards
Most employment relationships in Australia are governed by a combination of a written employment contract and an applicable award or enterprise agreement. Awards set minimum pay rates and conditions for specific industries and occupations, while contracts can add to those minimums but can’t undercut them.
Related reading:
- Breach of employment contract
- Minimum wage in Australia
- Restraint of trade
- Paid parental leave and recent changes to parental leave
- Contractor or employee
Workplace Rights
The Fair Work Act sets out a broad range of protections, often referred to as the National Employment Standards. These cover things like maximum weekly hours, leave entitlements, and protection from adverse action for exercising a workplace right.
Related reading:
Unfair Dismissal and Termination
Termination disputes are one of the more common areas of employment law. Unfair dismissal and wrongful dismissal are often confused but mean different things legally, and the remedies available differ depending on which applies. The process for terminating an employment contract also varies depending on the circumstances.
Related reading:
- Difference between unfair dismissal and wrongful dismissal
- Redundancy pay
- Executive redundancy
- Terminating employees on workers compensation
Workplace Bullying and Discrimination
Workplace bullying is dealt with under both the Fair Work Act and various anti-discrimination laws. Employers generally have an obligation to maintain a safe workplace, which includes protection from bullying and harassment.
Related reading:
Disputes and Disciplinary Matters
Workplace disputes can cover anything from whistleblowing protections to disciplinary processes and tribunal claims. These matters often involve the Fair Work Commission, which handles a range of employment-related applications.
Related reading:
- Competitors stealing staff
- Breach of fiduciary duties
- Fair Work Australia claims
This page is intended as general background information on Australian employment law and isn’t legal advice. If you’re dealing with a specific workplace issue, you should speak with a qualified employment lawyer.