Saturday, 2 November 2013

How Australian Employment Law Applies Today

An article on behalf of DSP Lawyers at http://www.dsplawyers.com.au.

An employee or an employer both need to comply with the country’s employment law. Most companies engage lawyers who guide them in concocting the human resource policies that is in line with the present law. The contract laws in Australia in the early times often had loopholes and did not provide adequate protection to the employees. In fact the laws in the days of early European settlement often went against the basic needs of the employees. 

The Employment law Australia has undergone a lot of changes in the recent years. These include changes in the nature of work relations and arrangements and also the regulatory and legislative framework. The employment law tried to bring about reforms to meet the needs of mature workers. Increased labor participation is the ultimate key to meet the policy challenges.
The Australian Government has made significant changes in the year 2009 and introduced the FairWork Act (FWA). This Act has an objective to create a new industrial relations regime

The implications of the FWA for Employment Law Australia 

The aim of the act is to create a consistent workplace law for the private companies in Australia. One of the main components is to create a standardized set of employment condition known as NES besides the simplification and modernization of the system of awards. Within the safety net there are almost 10 NES norms that are dealt with. Employees falling in a specific slab of earnings will be safeguarded by the awards including the benefits of NES.
From 1st January, 2010 the National EmploymentLaw Australia has introduced some significant measures that all employers and employees need to abide. This new law is called the National Employment Standards(NES). There are ten important points that this law deals with.  





  • The maximum number of working hours in a week is 38 with some comfortable extra hours.
  • Every Australian employee gets a 10 days sick leave. However a doctor’s certificate needs to be presented to the company. It is also a paid leave.
  •  Flexible working hours are allotted for those under 18 years and to parents of preschool kids.
  • Parental leave- The new parents can avail the parental leave for a period of one year.
  • Annual leave- Almost all Australian workers receive paid leave of 4 weeks every year, excepting the shift workers who get 5 weeks.
  •  The employees enrolled in a company for 10 years gets 8 weeks of paid leave.
  • Community service leave- those enrolled in community service either gets unpaid leave or jury duty paid leave for about 10 days.
  • An employer needs to give a notice period of 4 weeks or 16 weeks depending on the service before terminating an employee.
  •  The fair work act guidelines- the employer needs to guide the employee about the Fair Work Act of 2009. 
  • Paid off public holiday- the employees receive a paid leave on the public holidays.
The new laws for the employees have brought an environment of trust and transparency compared to the earlier days. However, it is important for all employees to have a clear idea of the category they fall into and the benefits and obligations applicable for them are under that law.
 If you have questions relating To Australian law that requires you to attend court, highly experienced Solicitors are a must have for defending your case. Such solicitors can be found in Sydney such as DSP Lawyers who can defend your case vigorously in court when you need them