What does Employment Law cover?

Employment Law regulates employer-employee relationships within the workplace. Whether you are a worker, manager or business owner, it’s important to know your rights and responsibilities under such legislation. But what does Employment Law cover exactly?

Employment Law in Australia addresses a variety of matters, including workplace health and safety, pay, dismissal, discrimination and harassment. These laws have been structured to protect workers from unsafe and unfair employment conditions. Therefore, an employer must ensure they follow the right practices when hiring, managing, paying or dismissing someone.

With a wealth of workplace laws to abide by, ensuring that you are complying with their terms as an employer – or recognising their violation as an employee – can be difficult. Below, we explain which issues Employment Law deals with, as well as its importance, benefits and policies, so that you can better understand your rights, duties and obligations at work.

What is Employment Law?

Employment Law governs the relations between employers and their employees. It provides legislation for a wide range of areas, from wages and workplace safety to termination and discrimination based on gender, age or disability. This field of law also details frameworks for dispute resolution, so that matters can be settled justly with minimal disruption to both employees and employers.

What does Employment Law cover?

Employment Law covers most workplace matters that impact employers and employees. Cases can involve issues such as employment contracts and recruitment practices, bullying, harrassment and discrimination, equal pay and minimum wage, working hours, unfair dismissal, redundancy and parental leave, disability and health and safety.
An Employment Lawyer may represent an employer, employee or workers’ union in the public or private sector. What’s more, workplace laws apply to any employee or job seeker, including but not limited to:

• Independent contractors;
• Agriculture workers;
• Healthcare workers;
• Transportation workers;
• Education providers and researchers;
• Government agents;
• Religious organisations; and
• Media professionals.

Why do we have Employment Law?

This legislation aims to ensure fair dealings throughout the employment lifecycle, from recruitment to dismissal. It places the onus on the employer to ensure that all employees receive at least the minimum employment rights for their industry and role.

As well as giving both employer and employees peace of mind regarding their rights and responsibilities, Employment Law offers the below benefits:

Benefits of Employment Law for employees

• Fair and equal treatment in terms of working hours, conditions, wages and dismissal;
• Greater job security and ambition; and
• Confidence in workplace health and safety.

Benefits of Employment Law for employers

• Prevention or minimisation of disruptive disputes;
• Reputable workplace culture that attracts and retains strong talent; and
• Improved team morale, productivity and returns.

Employment laws in Australia

Some of the most integral pieces of employment legislation in Australia are the Fair Work Act 2009, Work Health And Safety Act 2011 and Disability Discrimination Act 1992, as well as Federal and State anti-discrimination laws.

Fair Work Act 2009

The Fair Work Act 2009 is a central tenet of Employment Law in Australia. Its purpose is to enforce reasonable working arrangements, ensure safe workplace conditions and protect employees against discrimination and unfair dismissal.

Within this Act are the National Employment Standards (NES), which detail 11 minimum entitlements for most private sector workers:

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

The Act has also established regulatory bodies, such as the Fair Work Commission, which are responsible for both administrative and enforcement duties within the national workplace relations system.

Although the Fair Work Act applies to almost every business type and industry in Australia, there are some exemptions to note. For instance, it does not apply to sole traders, partnerships, non-trading corporations and other unincorporated entities in Western Australia.

Work Health And Safety Act 2011

The Work Health And Safety Act 2011 sets out a variety of laws to protect the welfare, comfort and security of employees in the workplace. This legislation also extends to any other people on the premises, such as clients, suppliers and visitors.

The Act sets out critical terms regarding employer obligations such as risk management, incident reporting and staff training. Failure to abide by these provisions may be met with fines and other penalties.

The act also details particular parameters around bullying in the workplace, which can cause victims to suffer significant mental and physical health issues.

Disability Discrimination Act 1992

The Disability Discrimination Act 1992 deems it illegal to treat a worker unfairly or less favourably because they are living with a disability. This protection also covers employees who have family members, friends or colleagues with a disability. The aim of this Act is to shield all workers from discrimination that is based on degree of ability.

It’s important to point out that the term ‘disability’ encompasses physical, intellectual, psychiatric and sensory disorders. As a result, an employer must not discriminate against job candidates nor existing employees with any form of disability, and must take measures to reasonably accommodate these individuals in the workplace.

Federal and State anti-discrimination laws

While the Fair Work Act helps to prevent the poor treatment of existing employees, there are also Federal laws to protect those who are no longer or not yet employed from discrimination or harrassment pertaining to work.

The Australian Human Rights Commission presides over this legislation, which has been designed to protect against discrimination due to race, gender, sexual orientation, disability, religious and other personal factors.

In addition to these nationwide laws, every state or territory has its own anti-discrimination policies that strive to safeguard prospective and current employees in the workplace.

Do employers have any rights?

Employment Law is primarily designed to protect employees with set standards for working terms and conditions. Consequently, employers’ rights are mostly limited to the assumptions that a worker will:

• Act in accordance with their employment contract and workplace policies.
• Perform their duties to a reasonable quality; and
• Abide by and respect reasonable management.

That said, you have many legal duties and responsibilities towards your workforce. As an employer, you must (among other obligations):

• Create and maintain a safe working environment;
• Protect workers from discrimination, physical and sexual harassment;
• Ensure employees receive the right pay and entitlements;
• Make workers aware of their rights and responsibilities;
• Provide employees with the training and resources required to work safely and effectively;
• Supply and instruct employees on the use of protective clothing and equipment;
• Store all necessary records;
• Fulfill first aid requirements; and
• Report any workplace incidents to Safe Work Australia.

Get support with Employment Law matters

Employment Law is a complex and extensive field of law that can be challenging to navigate alone. Additionally, time is of the essence in many employment cases. If you suspect that your employer has overstepped your rights or that a worker has breached the law, please seek professional legal advice.

If you have any further questions or would like tailored support with your case, contact our experienced employment lawyers today to schedule an appointment.