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  1. #1
    Join Date
    Oct 2015
    Posts
    2

    Default Industrial relations laws and regulations

    Hi can anybody share information about rules and regulations applicable in Australia for workplace relations advisory? I mean what is the name of the code/s or laws which govern workplace or industrial relations in Australia?

    Thanx

    Ahsan

  2. #2
    Join Date
    Jul 2007
    Location
    Canberra
    Posts
    54

    Default

    Hi Ahsan,

    I'm not confident that I understand your question, so I'll answer in two different ways and hope that one of them addresses your actual question.

    If your question is about laws that govern employment arrangements in Australia - then the primary law governing employment is the (Commonwealth) Fair Work Act 2009, along with the Fair Work Regulations 2009. There are also a suite of Modern Awards authorised under the Act, that set out additional entitlements and obligations that apply to particular groups of employers and employees.

    There are also state-specific Industrial Relations laws, but they generally only apply to State Government and Local Government employees and officials, and some private sector businesses and their employees in Western Australia.

    However, if your question is about rules that govern the industry of "Workplace Relations Advisors" then my understanding is that there is no specific regulatory framework.

    For comparison, Financial Advisors must operate under a Financial Services licence from the Australian Securities & Investment Commission; banks are regulated by the Australian Prudential Regulation Authority. But WR Advisors don't have any formal regulatory body comparable to these. Of course, WR Advisors are expected to perform their role to the best of their ability (if they are working as employees) or to provide a service of an acceptable standard (if they are operating as a business providing services to others).

    Greg

  3. #3
    Join Date
    Apr 2012
    Posts
    192

    Default

    Quote Originally Posted by Greg Schmidt View Post
    Hi Ahsan,

    I'm not confident that I understand your question, so I'll answer in two different ways and hope that one of them addresses your actual question.

    If your question is about laws that govern employment arrangements in Australia - then the primary law governing employment is the (Commonwealth) Fair Work Act 2009, along with the Fair Work Regulations 2009. There are also a suite of Modern Awards authorised under the Act, that set out additional entitlements and obligations that apply to particular groups of employers and employees.
    Greg
    Continuing where Greg left off. Under the Fair Work Act, we have 14 National Employment Standards [NES] which all employers in Australia must adhere to. Critical however is locating the applicable Modern Award(s) which applies to your workplace. There are industry awards but some industry awards may not cover certain jobs so you have to use an Occupational Award. It is not uncommon for a business to have more than one award covering their business. There is an alphabetical listing of the Modern Awards on the Fair Work website and Pay Guides are also available for each award. You can find what you need on their website.
    Areas such as Long Service Leave and Workers Compensation are covered by Australian State and Territory based legislation and these are frequently quite different to one another.
    If new to operating in Australia, it is probably worth subscribing to one of the services that exist to assist employers remain compliant with employment law.
    Trust this helps
    Tiger

  4. #4
    Join Date
    Oct 2015
    Posts
    2

    Default

    Hi guys thanx for your contributions and support

  5. #5
    Join Date
    Aug 2017
    Location
    Adelaide
    Posts
    6

    Default

    Hi Tiger, I have a situation where my contract does not state any industrial instrument and have been advised you work under common law. The nes will apply but any suggestions on how I can find out what additional conditions that might be applicable? Sadly, I have a complaint against me and don't have any reference regarding legal framework or handling of the matter. Fairwork advised that internal policies should b referred to but there aren't any that are applicable. Any advice would be great

  6. #6
    Join Date
    Apr 2012
    Posts
    192

    Default

    Fair Work Australia have a most comprehensive website - I suggest you check it out. You can simply input topic into your search engine and Fair Work will come up at least once - then you just follow the links to what you want.
    And yes, company policies will be the basis on which any issues are raised and resolved. If you don't think yours are pertinent, then go to a Senior Manager or HR (if there is one) and ask for the names of said policies. If you were unaware of such policies, then company is at fault for not ensuring all employees are au fait with their policies. If your employer simply has no company policies in place (sadly many small businesses don't) then you do not have a reference point within your business so that begs the question as to what basis has your employer put a claim against you?
    You have a right of rebuttal ie must receive a fair hearing and be allowed to respond to the claim and you also have the right to have a support person with you in any meetings on the matter.
    If your job is not covered by an award and it is in fact an award free job, then yes, you would have been given a common law employment contract.
    You will find an alphabetical listing of the Modern Awards on the Fair Work website; the NES are also listed and described. Work hours, minimum basic wage etc. As an employee, you can also call the Fair Work Infoline and ask for guidance relating to the claim against you. They are there for employees and should be able to guide you. I recommend you try doing some research first and putting list of questions together so you don't forget something when on phone to them.
    If claim against you appears to be based on something you do/did not know about and you can prove that, then such claim has no value and the company should be focusing on education/training of its workforce in the areas where there is a weakness (their claim against you presumably being one?)
    Good luck with this.
    Tiger

  7. #7
    Join Date
    Sep 2013
    Location
    SA
    Posts
    14

    Default

    The Hierarchy of The Australian Industrial system is (and if the first does not apply, keep going down the list until one does):

    1. Enterprise Agreements (Collective agreements etc) or if you are one unlucky employee, under a Workchoice agreement which still exist (pre-2009 agreements)
    2. Modern Award;
    3. Fair Work Act 2009 and the Fair Work Regulations 2009 and the National Employment Standards; and
    4. Common Law Contracts and the NES (i.e. Award free employee).

    Sorry Tiger, there are only 10 NES not 14 as identified above and they apply to all working Australians no matter where you are in the hierarchy and they are:

    1. Maximum weekly hours (38)
    2. Requests for flexible working arrangements
    3. Parental leave and related entitlements
    4. Annual leave
    5. Personal carers leave*and compassionate leave
    6. Community service leave
    7. Long service leave
    8. Public holidays
    9. Notice of termination and redundancy pay
    10. Fair Work Information Statement.

    Visit Welcome to the Fair Work Ombudsman website to get further details like the previous posts have advised.

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