Part of the employment law cluster in the employment knowledge graph — connected to occupations, documents, hiring guides, career guides, country guides and employment law.
How employment law works in Australia
Employment in Australia is largely governed by a national workplace-relations system that sets out a safety net of minimum standards together with industry and occupation awards. These instruments provide a baseline that applies to many employees, with the individual contract building on top of that baseline.
Enterprise agreements made at a workplace level can also apply in some organisations, and the combination of awards, agreements and minimum standards determines much of the practical detail for a role. The contract then records the specific terms agreed between the parties.
Because the applicable award, agreement and standards depend on the industry and the job, both employers and employees should identify which instruments cover a role before drawing conclusions about entitlements.
Key concept areas
- Employment contracts and the terms agreed between the parties.
- National minimum standards that form a baseline for many employees.
- Awards and enterprise agreements that set conditions for particular industries or workplaces.
- Working time, rest and arrangements for leave.
- Different forms of leave recognised under the framework.
- Ending employment and the expectations on each side.
- Work health and safety obligations.
- Equal opportunity and protection against discrimination.
How the employment relationship is formed
- The relationship is usually formed by an offer and acceptance and a written contract of employment.
- An applicable award or enterprise agreement may set conditions alongside the contract.
- National minimum standards provide a baseline that contracts generally cannot undercut.
- A probationary or qualifying arrangement may apply at the start where relevant.
- Changes to terms are generally made by agreement and should be recorded.
Authorities and where to confirm details
The Fair Work Ombudsman provides information and oversight relating to workplace rights and obligations under the national system. Matters concerning the right of overseas workers to work in Australia are handled through the Department of Home Affairs and its immigration functions.
Because entitlements, awards and procedures vary by industry and circumstance, employers and employees should confirm the current details with these official bodies and the applicable award or agreement before relying on them.
Practical points for employers and employees
- Identify the award or agreement, if any, that applies to the role.
- Put the terms of employment in writing and keep them current.
- Confirm working-time, leave and termination rules from the correct source.
- For overseas workers, confirm work-authorisation requirements with the immigration authority.
- Follow a clear, documented process when ending employment.
- Take qualified advice for complex or disputed situations.
Official sources to confirm current rules
Requirements change and specifics vary. Confirm the current position with the official authority for this jurisdiction:
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