Federal industrial laws

As of 1 January 2010, there are only two different systems of industrial/employment laws in Australia. All of the states and territories except Western Australia are part of the federal industrial relations system. This is because all of the states except Western Australia have handed over their powers to make industrial laws to the federal government.The employers in these states are called national system employers.

The state systems will no longer apply to industrial relations in the private sector.

There is also only one federal award called the Pastoral Award 2010 which applies to all national system employers. For more infomation go to the Pastoral Award 2010.

The National Employment Standards

The federal industrial laws lay down a set of ten minimum standards, called the National Employment Standards (NES), which apply to all employees as a minimum regardless of whether they are covered by an award or a workplace agreement.

The NES are:

maximum weekly hours of work;
requests for flexible working arrangements;
parental leave;
annual leave;
personal/carer’s leave and compassionate leave;
community service leave;
long service leave;
public holidays;
notice of termination and redundancy pay;
Fair Work Information Statement.

Most of the NES have been incorporated into all modern awards which apply as of 1 January 2010.

The NES also apply as a minimum to all employees covered by workplace agreements, including workplace agreements entered into before 1 January 2010, and all award-free employees.

For more information go to the page on the National Employment Standards.

Agreements

The federal industrial laws also provide a process for employers and employees to enter into enterprise agreements and individual flexibility agreements.

Termination of employment

There are new federal laws about termination of employment.

General protections

The federal industrial laws also introduce a new series of 'general protections' provisions which provide an increased number of rights which can be exercised and enforced under the federal industrial laws.

The federal industrial laws provide protections for certain rights, including:

workplace rights;
the right to engage in industrial activities;
the right to be free from unlawful discrimination;
the right to be free from undue influence or pressure in negotiating individual arrangements.

These rights are protected from certain unlawful actions, including:

adverse action;
coercion;
misrepresentations;
undue influence or pressure in relation to:
- individual flexibility arrangements under modern awards and enterprise agreements;
- guarantees of annual earnings; and
- deductions from wages.

For further information go to general protections.

Record keeping - payment of wages and deductions

Record keeping is an important part of the federal industrial laws which can be enforced by the Fair Work Ombudsman.

For more information see Record keeping.

Fair Work Australia

As of 1 July 2009 the Australian Industrial Relations Commission was replaced by a new body called Fair Work Australia.

There is also a Fair Work Ombudsman.

For more information go to the Fair Work Australia website or the Fair Work Ombudsman website.

Employee classifications

State industrial laws