A Comprehensive Guide On Australian Employment Laws

October 9, 2020    employmentlawyersblog   
A Comprehensive Guide On Australian Employment Laws

Every sector in Australia operates on a set of legal rules and regulations. So, running a company by recruiting the right employees requires you to do the same. Hire one of the best employment lawyers Perth to become familiar with the various employment laws of Australia. You must get acquainted to these aspects way before you hire an employee. These legal nitty-gritty are connected from the time you look for an employee, interview him/her to his/her final selection. To delve deeper, keep on reading the following post carefully.

10 National Employment Standards Of The Fair Work Act

Every Australian employer must adhere to the ten crucial employment standards of the Fair Work Act. These include the following options.

  • Fair Work Information Statement: This requires the employers to give a Fair Work Information Statement to their employees before they start working.
  • Notice Of Redundancy Pay And Termination: According to this an employee is entitled to certain redundancy payments for getting fired for substantial reasons. This also prohibits an employer from dismissing an employee unless he/she submits a termination notice.
  • Unpaid Parental Leave: This includes a leave either related to a child adoption or birth. The birth can of the employee’s or his/her de facto partner or spouse’s child. Alternatively, it also includes the adoption of a child by the employee or his/her de facto partner or spouse.
  • Public Holidays: According to the National Employment Standards of Australia, an Australian is entitled to certain public holidays. These include eight public holidays in total unlike the exclusive territory/state holidays.
  • Community Service Leave: A leave which lets casual or conventional employees to be absent for partaking in certain community-related-services. The employee will get a rest period after this activity. Besides, the employee can also consume a particular travel time for engaging in the activity.
  • Compassionate Leave: Apart from casual employees, all other employees can opt for a compassionate leave of two days. They will get this privilege when one of their family members falls ill, dies or gets injured.
  • Personal/carer’s Leave: All employees unlike casual workers will get ten days of personal/carer’s leave. The employee will get this privilege only if he/she has fallen ill or has been injured. This provision applies even if the employee needs to take care of an immediate family member.
  • Request For Flexible Work Arrangements: According to this, the employee can request for flexible working arrangements based on certain reasons. These include parenting or fostering a child. The employer can cancel the request on substantial business grounds. The employee should have a minimal work experience of 12 months to become eligible for this request.
  • Annual Leave: An employee in Australia is entitled to an annual leave of four weeks every year. This provision must take place via a substantial agreement between the employee and employer.
  • Hours Of Work: According to this an Australian employee is entitled to certain ordinary working hours every week. An enterprise or modern award agreement must apply to the employee for this. This requires the employee to work for 38 hours a week and not more. Additional working hours will apply only if the employer approves that.

To get detailed information pieces about these employment standards, contact the best employment lawyers Perth WA as soon as possible.

The Significance Of An Employment Contract!

An employment contract is a substantial document. It specifies the important terms and conditions between the employer and employee. The employer should get a clear idea about these clauses before the employment contract is finally drafted. These terms and conditions are usually included in three individual segments of the Australian employment sector. These include the pertinent superannuation and leave legislation and the Fair Work Act. So, without wasting time anymore, let’s take a look at the several terms of an employment contract. These include the following:

  • The governing jurisdiction and law of Australia
  • The various post-termination restrictions of Australia
  • Employment laws protecting any intellectual property or confidential information
  • Employment legislation which specifies the right to summarily dismiss
  • The notice of termination
  • Provisions of long-service, parental or personal or carer’s leave and annual leave
  • Several superannuation provisions
  • Duration of the employment contract
  • The designation of the employee
  • Duties and responsibilities of both the employer and employee
  • The salary of the employee inclusive of any bonuses
  • Car allowance and some additional advantages and
  • Probationary period of the employment contract

While drafting an employment contract, your lawyer will ensure a friendly bond between you and your employer. This is because several matters may emerge concerning the formulation of your employment contract. By maintaining a harmony between you and your employer, your lawyer will serve two purposes simultaneously. These include ascertainment of an optimistic atmosphere while adhering to the various liabilities while the employment contract gets drafted.

Rights To Equal Treatment

According to the employment contract laws, no employee must be discriminated on certain grounds. These include political beliefs, disability, age, pregnancy, complexion and sex. More importantly, the selection of an employee shouldn’t be based on such kind of discrimination. The employer should commence the selection procedure only after becoming familiar with the pertinent state/territory laws. Accordingly, the employer should select the candidates based on an impartial and nor a partial selection procedure.

Additional Employment Rules And Regulations

An employer also shouldn’t differentiate their employees based on certain factors. These include the type of the job and intentional refusal or rejection of an employment offer.

Potential Employment Stringencies

An Australian employer should also liberate his/her employee from any unwanted restrictions. These restrictions must not prevent the employee from becoming a part of the employment contract. Say for instance, a post-employment trade limitation which is preventing him/her getting into an employment contract. A restriction like this is usually imposed by the erstwhile employer of the employee. To know more about these employment stringencies, contact a qualified employment lawyer Perth.

Hire An Employment Lawyer In Perth Today!

So, hopefully, the write-up given above has acted as a comprehensive guide concerning the employment laws of Australia. To optimise these employment laws, you must opt for high-quality legal assistance unfailingly. Hire one of the best employment lawyers Perth to satisfy your wish effectively!

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