Your rights under Australia’s National Employment Law
As an employee in Australia, you are protected by national employment law at federal and/or
the state/territory levels. If you are facing an issue at work, it is useful to know about
the national employment laws
The Fair Work System
The Fair Work Act 2009 (Cth) is the most important employment law in Australia. It establishes
the Fair Work System, which has the 10 minimum National Employment Standards. The Standards
outline the maximum number of working hours your employer can require you to work, flexible
working arrangements, parental leave, annual leave and other entitlements.
Compassionate leave and long service leave are also covered.
Regulations under national employment law on public holidays and termination and redundancy are
also outlined in the Standards.
Your Basic Rights under the National Employment Standards
The Standards are designed to protect your rights as a worker. Every applicable contract,
award, or enterprise agreement must allow for these 10 standards at minimum. For example,
your employer cannot ask you to work more than 38 hours in a week unless it is reasonable
to do so. If you have worked for the same employer for 12 months or more and you satisfy
certain criteria, you have the right to request flexible working arrangements, though your
employer can refuse the request if there are reasonable ground for doing so. The Standards
state that you have the right to four weeks of paid annual leave each year.
Termination and Notice Periods The Standards require written notices for
termination and minimum notice periods ranging from one to five weeks, depending on how long
you have been working for your employer and your age. Note that the notice period can
be longer if you and your employer have agreed on a longer period, and minimum notice periods
will not apply if you have been summarily terminated due to misconduct. If you work
in a small business, your dismissal may be covered by the Small Business Fair Dismissal Code.
Are You Covered by the Fair Work System
Most workers – including foreign workers – in any occupation and industry are covered
by the Fair Work System, but there are exceptions. If you work for a state or local government,
it is likely that your workplace falls under state legislation, rather than national employment
law, unless your employer is in the ACT or the NT. In WA, sole traders, partnerships,
non-trading corporations, and unincorporated entities are not covered by the Fair Work
System, and most state and local government workplaces also fall under the state laws.
If your issue is related to workers compensation or work health and safety, then it is covered
by state legislation.
Workplace Discrimination and Equality
The national discrimination law make it unlawful for employers to discriminate
on the grounds of race, age, sex, disability,
and other grounds. The sex discrimination legislation is broad in scope as it covers
marital status as well as other issues such as pregnancy, potential pregnancy, and family
responsibilities. The gender equality law is aimed at encouraging equal treatment in
the work place, though it does not confer a specific right and only obligates employers
with more than 100 staff to report on gender equality data. Your employment contract itself
will also determine the terms of your employment and thereby be an important document
for understanding your rights at work.
What can I do if my employment rights have been violated?
If you have been discriminated against or if your rights have been violated in some
way, you could have a valid claim against your employer. You can lodge an application
with the Fair Work Commission or make a complaint to the Fair Work Ombudsman. You might be able
to commence legal action to obtain compensation, redundancy payments, or damages. You could
have other orders made against your employer to rectify your employment situation. If you
have been discriminated against, you could make a complaint to the Australian Human Rights
Commission, go through the conciliation process, and/or consider legal action. State equal
opportunity commissions or tribunals also have the power to receive complaints made
under state laws. If your employer breaches a term in your employment contract, under
the common law you have the right to sue for any loss you experience
as a result of that breach.
