What is the Role of Fair Work in Australia?
Fair Work is the name for the legislation that governs the national employment relations system. The Fair Work Act 2009 is arguably the most important piece of employment law in Australia. It provides the minimum terms and conditions for the majority of employees in Australia that are covered by the national workplace relations system. The Fair Work Ombudsman and the Fair Work Commission (previously called Fair Work Australia) are independent government organisations established by the Fair Work Act that both play a part in the regulation of Australia’s national workplace relations system. The Ombudsman educates employers and employees and enforces compliance with the Fair Work legislation. The Commission is the national workplace tribunal and also serves a role in setting the national minimum wage and minimum wages in modern awards.What Does the Fair Work Legislation Cover?
The Fair Work Act regulates the employment relationship between most private sector employers and employees within Australia. The Act provides a safety net of minimum entitlements, such as a national minimum wage and the National Employment Standards (NES), with further employment conditions and entitlements set out in Modern Awards or enterprise or other registered agreements. The Act enables flexible working arrangements, provides protection from unfair dismissal and contains general protections provisions which ensure employees are treated fairly and protected from discrimination. The Act also creates bodies that have administrative and enforcement roles within the national workplace relations system, for example the Fair Work Commission. Employees covered by the Fair Work Act have certain rights and entitlements depending on the industry they work in and the job they do within that industry – including- minimum pay
- leave entitlements
- redundancy
- periods of notice for termination
The Fair Work Act 2009
The Fair Work Act 2009 is arguably the most important piece of legislation in Australia, because it provides the minimum terms and conditions for the majority of employees in Australia that are covered by the national workplace relations system. The National Employment Standards (NES), contained in the Fair Work Act 2009 set out 11 minimum entitlements which apply to most employees in the private sector. The 11 minimum entitlements of the NES are:- Maximum weekly hours
- Requests for flexible working arrangements
- Offers and requests to convert from casual to permanent employment
- Parental leave and related entitlements
- Annual leave
- Personal/carer's leave, compassionate leave and unpaid family and domestic violence leave
- Community service leave
- Long service leave
- Public holidays
- Notice of termination and redundancy pay
- Fair Work Information Statement and Casual Employment Information Statement
Who is covered by the National Workplace Relations System?
- work for a constitutional corporation
- work in Victoria (except if you are a law enforcement officer or an executive in the public sector), the ACT or the NT (except if you are a member of the Police Force)
- work in the private sector in NSW, Queensland or SA
- work in the private sector or local government sector in Tasmania
- work in the state public sector or for a non-constitutional corporation in either local government or private industry in WA
- work in the state public sector or local government in NSW, Queensland and SA
- work in the state public sector in Tasmania.
Frequently Asked Questions
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What Is The Purpose Of Fair Work In Australia?
Fair Work refers to Australia’s employment legislation that applies to employers and employees covered by the national workplace relations system, which is the majority. The purpose of the Fair Work Act 2009 is to regulate the employment relationship between employer and employee and provide the minimum standard of employment conditions and entitlements for most employees in Australia. It also provides a framework to resolve any disputes between employers and employees that may arise.
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What Is The Fair Work Act And What Does It Cover?
The Fair Work Act covers national system employers and employees, and provides a safety net of minimum entitlements such as a national minimum wage, and the National Employment Standards (the NES) with further employment conditions and entitlements set out in Modern Awards or enterprise or other registered agreements. It also enables flexible working arrangements, provides protection from unfair dismissal and contains general protections provisions which ensure employees are treated fairly and protected from discrimination.
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What Is Australian Employment Law?
There is legislation that applies to all national system employers across Australia. This is regardless of territory, states, business models or industry. The objective is to place responsibility on the employer to ensure that their employees are treated fairly and are receiving the minimum employment rights and entitlements – including minimum pay, leave entitlements, redundancy, notice periods, and more. Below is a list of some of the most important workplace relations legislation that governs industrial relations and employment relationships in Australia:
- Fair Work Act 2009
- National Employment Standards (NES)
- Work Health and Safety Standards (WHS)
- State and Federal anti-discrimination laws
- Privacy Act 1988
- Workplace Gender Equality Act 2012
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Why Are Fair Work Practices Important?
As an employer, you have an obligation to comply with all aspects of Australian employment law and ensure your employees can work comfortably in a safe and secure environment – free of bullying, discrimination, and harassment.
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What Is The Difference Between The Fair Work Commission And Ombudsman?
The Fair Work Commission is a tribunal responsible for maintaining and setting a minimum safety net of wages and employment conditions and for administering the provisions of the Fair Work Act. In most situations, small business owners will rarely deal directly with the Fair Work Commission unless they are involved in a case. The Fair Work Ombudsman works to help employees, employers, contractors and the wider workplace community understand their workplace rights and obligations and enforces compliance with the Fair Work legislation.
