1. Brief Description of Anti-Discrimination Laws Fair Work Act: General Protections The General Protections provisions under the Fair Work Act regulate the conduct of employers and employees and a range of other persons in terms, which are broadly expressed, but only where the conduct is connected to an Australian constitutional head of power. These provisions […]
Dec
02
2013
Authorisations for Foreign Employees in Australia
In order to legally work in Australia, a foreign employee must have a permanent or long-stay visa. All foreign workers are guaranteed the conditions of the NES in their employment, and employers of foreign workers must abide by both workplace and immigration laws in their dealings. There are a variety of ways in which Australian […]
Dec
02
2013
Employee Rights When an Undertaking is Transferred in Australia
1. Employees’ Rights The Fair Work Act sets out a range of provisions that deal with the rights of employees where their employment changes as a result of a transfer of business. These provisions govern situations where a business is transferred from one employer (e.g. a company) to another. Typically, a transfer of business takes […]
Dec
02
2013
Employers Associations and Trade Unions in Australia
1. Brief Description of Employees’ and Employers’ Organizations Trade unions form the mainstay of employee representation in Australia. However there is no doubt that their influence and membership has significantly declined over the last two decades. With that said, under the Fair Work Act the unions enjoy a powerful role in relation to workplace bargaining […]
Nov
13
2013
Employment Contracts in Australia
1. Minimum Requirements The most basic source of employment terms and conditions is the contract of employment. It can be in writing, for example, by letter of offer; it can be oral; or it can be evidenced by a course of practice. A contractual term may not be enforceable if the terms in the contract […]
Nov
01
2016
Hiring Practices in Australia
In Australia, there is no express prohibition on an employer conducting pre-employment checks. There are, however, two broad qualifications to this general position: The first is that the employer will generally need the consent of the job candidate concerned to perform the relevant pre-employment checks. However, so long as the purpose of the check is […]
Nov
01
2016
Restrictive Covenants in Australia
1. Definition of Restrictive Covenants In Australia, at common law, restraints of trade are against public policy and void, save in particular circumstances where the restriction is reasonable, taking into account the public interest and interests of the parties. A restraint is not reasonable if it goes beyond providing any more than adequate protection for […]
Nov
01
2016
Social Media and Data Privacy in Australia
1. Can the employer restrict the employee’s use of Internet and social media during working hours? The general position is that an employer can monitor its employees’ usage of work computers (in some states legislation requires specific notices and warnings to employees before allowing computer monitoring) and restrict the use of the Internet and social […]
Dec
03
2013
Social Security in Australia
1. Legal Framework Social security refers to welfare payments handed out by the Australian federal government. These payments generally fall under one of four pieces of legislation: Social Security Act 1991 (Cth) (“the SSA”) A New Tax System (Family Assistance) Act 1999 (Cth) Student Assistance Act 1973 (Cth) Paid Parental Leave Act 2010 (Cth) There […]
Nov
13
2013
Termination of Employment Contracts in Australia
How to Terminate a Contract in Australia
Nov
18
2013
Working Conditions in Australia
1. Minimum Working Conditions The NES of the Fair Work Act constitute a safety net for employees within the federal system. The NES are designed to complement the key industrial instruments under the Fair Work Act – being modern awards and enterprise agreements. As well as legislating minimum standards, the NES allow many issues to […]