Employment law in Australia is designed to protect workers and ensure a fair, balanced work environment and consists of the following elements:
- National Employment Standards (NES)
These are minimum entitlements that ensure flexible and fair working arrangements:
The standard maximum working hours in Australia is 38 hours per week, with additional ‘reasonable’ hours.
- Ability to request flexible working arrangements
Australian employees are entitled to request changes to working arrangements if circumstances change (disabilities, caring responsibilities, etc)
- Request to change from casual to permanent employment
Workers hired on a casual basis can request permanent status if specific criteria are met.
- Parental leave and entitlements
Employees are entitled to up to one year of unpaid leave and can request an additional year.
Except for certain shift workers (who may be granted additional leave), employees receive four weeks of annual paid leave
- Personal/carer/compassionate/family and domestic violence leave
Employees receive paid leave for differing periods, depending on the individual circumstances.
Unpaid voluntary emergency activities and jury duty (up to 10 days).
Employees who stay with the same employer for extended periods.
Public holidays are paid unless employees can reasonably be expected to work.
- Notice of termination and redundancy pay
Notice periods and redundancy pay vary according to the individual’s length of service.
- Work Health and Safety (WHS)
Workplaces must be safe and healthy for employees and visitors; these laws require employers to mitigate risks and hazards.
Employees must be protected from discrimination against them because of their race, gender, age, or disabilities.
Each state and territory has additional legislation covering long-service leave, occupational health and safety, and workers’ compensation.