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National Employment Law Australia I Go To Court Lawyers


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.

Stephen Childs

2 Comments

  1. Don't trust FWO. They help the employers. I trusted them on four occasions, nothing came out of it but yhe employer wouldve been laughing their asses off at me. Stay away from FWO!

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