Employment legislation in Australia refers to the system of federal and state laws, regulations, awards, and agreements that govern the relationship between employers and employees. This includes minimum standards for employment conditions, workplace health and safety requirements, anti-discrimination provisions, and collective bargaining frameworks.

Key Australian employment laws

Fair Work Act 2009 (Cth)

The cornerstone of Australia’s employment legislation system that establishes:

• The National Employment Standards (NES)
• Modern Awards system
• Enterprise bargaining framework
• Unfair dismissal protections
• General protections against adverse action
• The Fair Work Commission and Fair Work Ombudsman

Work Health and Safety Act 2011 (WHS Act)

• Provides a framework to protect the health, safety and welfare of workers
• Establishes duties of care for employers, workers, and other parties
• Implemented at state and territory level through harmonised legislation

Anti-Discrimination Laws

Multiple federal laws prohibit workplace discrimination, including:

• Age Discrimination Act 2004
• Disability Discrimination Act 1992
• Racial Discrimination Act 1975
• Sex Discrimination Act 1984

Superannuation Guarantee (Administration) Act 1992

• Mandates employer contributions to retirement funds
• Currently set at 11.5% of ordinary time earnings

Key employment concepts

National Employment Standards (NES)

Ten minimum employment entitlements that must be provided to all employees:

1. Maximum weekly hours
2. Flexible working arrangements
3. Parental leave and related entitlements
4. Annual leave
5. Personal/carer’s leave and compassionate leave
6. Community service leave
7. Long service leave
8. Public holidays
9. Notice of termination and redundancy pay
10. Fair Work Information Statement and Casual Employment Information Statement

Modern awards

Industry or occupation-based documents that set minimum pay rates and conditions beyond the NES for specific types of employment.

Enterprise agreements

Collective agreements negotiated at an enterprise level between employers and employees about terms and conditions of employment.

Casual employment

• Higher hourly pay rate (casual loading) to compensate for lack of entitlements
• Casual Conversion rights after 12 months of regular employment

Independent contractors

• Governed by commercial rather than employment law
• Subject to the Independent Contractors Act 2006

Compliance and enforcement

Fair Work Commission (FWC)

Australia’s national workplace relations tribunal with responsibilities including:

• Setting minimum wages
• Creating and modifying modern awards
• Approving enterprise agreements
• Resolving disputes
• Handling unfair dismissal claims

Fair Work Ombudsman (FWO)

Government agency responsible for:

• Educating employers and employees
• Investigating workplace complaints
• Enforcing compliance with workplace laws

Recent developments

Respect@Work Reforms

Amendments to employment legislation implementing recommendations from the Australian Human Rights Commission’s Respect@Work report on sexual harassment.

Secure Jobs, Better Pay Act 2022

Significant changes including:

• Multi-employer bargaining
• Fixed-term contract limitations
• Enhanced pay secrecy protections
• Stronger equal opportunity provisions

State and territory variations

While most employment matters are regulated nationally, some areas remain under state jurisdiction:

• Long service leave
• Workers’ compensation
• Some work health and safety matters
• Public holidays
• Child employment laws

Employer obligations

Key compliance requirements for Australian employers:

• Pay at least minimum wage and entitlements
• Maintain employment records
• Provide pay slips
• Display Fair Work Information Statement
• Ensure workplace health and safety
• Make superannuation contributions
• Withhold income tax
• Maintain workers’ compensation insurance

Employee rights

Fundamental entitlements of Australian workers:

• Fair pay and working conditions
• Safe and healthy workplace
• Freedom from discrimination and harassment
• Right to join or not join a union
• Protection from unfair dismissal (after minimum employment period)