Employment Law Training for Managers

In Australia, managers must be thoroughly trained and well-versed in their obligations under employment law. As such, employers should design training materials to not only meet operational needs but also to conform to workplace law. This article looks at employment law training for managers in Australia, outlining the legal framework for such training, key areas of focus and benefits of implementing compliance training. 

Legal framework

Employment law in Australia is a complex framework of legislation and regulations. At a federal level, employment law is made up of workplace laws, such as the Fair Work Act 2009 and the Fair Work Regulations 2009, health and safety regulations and anti-discrimination laws such as the Racial Discrimination Act 1975 and the Sex Discrimination Act 1984. In addition to these federal mandates, each state and territory in Australia has its own laws; for instance, Victoria has the Equal Opportunity Act 2010 and the Long Service Leave Act 2018. Managers must navigate this intricate legal environment to ensure compliance with employment law and avoid costly litigation.

Key areas of employment law training

As the cornerstone of employment law, the Fair Work Act covers employee rights, employer obligations, the National Employment Standards (NES), enterprise agreements, modern awards and termination of employment. Managers must understand how these regulations apply in everyday work situations to maintain compliance and protect the organisation from legal risk.

Discrimination

Employment law also prohibits discrimination due to protected attributes, including sex, age, race, disabilities and sexual orientation. Managers must be trained to recognise and prevent discriminatory practices, understand equal opportunity principles, and work actively to promote diversity and inclusion. This training should cover relevant legislation, but most importantly should describe practical strategies that managers can use to create a respectful and inclusive workplace culture.

Workplace Health and Safety (WHS)

Employers have a legal duty to ensure the health and safety of their workers. Managers play a pivotal role in implementing and maintaining WHS policies and procedures. Therefore, management training should focus on risk management, incident reporting, workplace inspections, and the legal obligation to maintain a safe working environment. States and territories in Australia legislate health and safety laws separately, though almost all jurisdictions have adopted the model WHS laws. Only Victoria has its own duties and responsibilities outlined under the Occupational Health and Safety Act 2004.

Performance Management

One of the most crucial aspects of a manager’s job is the performance management of employees. Managers must be trained to set clear performance expectations, provide constructive feedback, handle underperformance, and implement disciplinary procedures in compliance with employment law. Training in this area helps managers to identify performance issues, approach employees fairly and consistently, and reduce the likelihood of disputes and grievances.

Workplace Investigations

Even when managers have done everything possible to create safe and effective workplaces, allegations of employee misconduct, harassment, and bullying will still inevitably arise. Managers must be trained to conduct impartial workplace investigations, while maintaining confidentiality and affording the employee procedural fairness. Proper training ensures that a manager can handle an investigation professionally, fostering trust among employees, and minimising the risk of legal disputes.

Benefits of Employment Law Training

The primary benefit of employment law training is legal compliance. Managers who are well-versed in employment law can operate in line with legal requirements. This proactive approach to legal compliance can help protect an organisation from costly lawsuits and reputational damage. Training equips managers with the knowledge to handle workplace issues proactively and confidently.  In fact, a well-trained manager will be able to identify some potential conflicts before they escalate. In such cases, managers may be able to resolve disputes amicably and prevent grievances from escalating by adhering to fair and consistent procedures.

Other benefits of employment law training are less tangible but no less valuable to a business. Managers who understand and apply principles of equal opportunity and inclusiveness contribute to a positive work environment where all employees feel valued and supported. This enhances employee morale, staff retention and overall productivity. Ensuring that managers have a working knowledge of employment law means they can help protect the rights of employees and empower them to access their own entitlements. This protection and empowerment is fundamental to maintaining trust and loyalty within the workforce. Employees who feel that their managers stand up for their rights are likely to be more engaged and committed to the organisation.

How to Conduct Training Programs

As employment law is consistently evolving, organisation should provide ongoing education and support to ensure that managers stay informed of the latest developments. Regular refresher courses, updates and access to legal resources are essential to maintain compliance. Additionally, employers should regularly evaluate their training programs, seek feedback from participants and assess the efficacy of training on managerial performance and workplace outcomes.

Of course, training should be engaging and interactive to facilitate learning. For instance, role playing, case studies, and real-life examples can help managers understand the practical implications of employment law. Incorporating digital tools and e-learning platforms can enhance accessibility and convenience. In addition, organisations should adopt training programs that are tailored to the specific needs of its workforce. The employer should ensure that the training addresses industry-specific risks and legal requirements. Ideally, the training should give practical examples of the types of scenarios that the managers might actually encounter. Customisation ensures that training is impactful and relevant.

At Go To Court Lawyers, we recognise the crucial role that employment law training plays in fostering a compliant, productive and harmonious workplace. If you are an employer who needs any advice on employment law training for managers, please get in touch with our team today on 1300 636 846.