Overview
This summary outlines key rights and protections for employees under Australia's National Employment Law, with a focus on the Fair Work System, National Employment Standards, and remedies for workplace issues or discrimination.
The Fair Work System and Standards
- The Fair Work Act 2009 (Cth) is the primary law governing employment in Australia.
- The Act created the Fair Work System, which includes 10 National Employment Standards (NES).
- The NES covers working hours, flexible work, parental leave, annual leave, compassionate leave, long service leave, public holidays, and redundancy.
- All employment contracts, awards, and enterprise agreements must meet or exceed these standards.
Employee Basic Rights under NES
- Employees cannot be required to work more than 38 hours per week unless reasonable.
- After 12 months with the same employer and meeting certain criteria, employees can request flexible work arrangements.
- Employees are entitled to four weeks of paid annual leave each year.
- Rights to notice of termination range from one to five weeks based on length of service and age.
Termination and Dismissal
- Employers must provide written notice and follow minimum notice periods when terminating employment.
- Longer notice may apply if agreed by contract; no notice is required for summary dismissal due to misconduct.
- The Small Business Fair Dismissal Code may apply in small businesses.
Coverage and Exceptions
- Most workers, including foreign employees, are covered by the Fair Work System.
- State or local government workers in most states are usually under state legislation, except in ACT or NT.
- Certain workplaces in WA, including sole traders and some unincorporated entities, are excluded from the Fair Work System.
- Workers’ compensation and work health/safety matters are regulated by state law.
Workplace Discrimination and Equality
- Employers cannot discriminate based on race, age, sex, disability, marital status, pregnancy, or family responsibilities.
- Employers with over 100 staff must report gender equality data but are not required to provide a specific right.
- Employment contracts also play a key role in defining employment terms and protecting rights.
Remedies for Rights Violations
- Employees can lodge claims with the Fair Work Commission or complaints to the Fair Work Ombudsman.
- Legal action may provide compensation, redundancy payments, or damages for rights violations.
- Discrimination complaints can be made to the Australian Human Rights Commission or state bodies, with possible conciliation and legal steps.
- Breach of contract claims can be pursued under common law for resulting losses.
Recommendations / Advice
- Review your employment contract to understand your entitlements.
- Contact the Fair Work Commission, Ombudsman, or state commissions when rights are violated.