Employment Law in Australia

An employment contract is an agreement between an employer and employee that sets out terms and conditions of employment. A contract can be in writing or verbal.

As an employer, you have an obligation to comply with all aspects of Australian employment law and ensure your employees can work comfortably in a safe and secure environment free of bullying, discrimination, and harassment.

The Fair Work Act 2009 is arguably the most important piece of employment law in Australia. It states that an employment contract cannot provide for less than the legal minimum set out in:

• the National Employment Standards (NES)
• awards, enterprise agreements or other registered agreements that may apply.

All employees are covered by the NES, regardless of whether they have signed a contract. A contract cannot make employees worse off than their minimum legal entitlements.

Probation Periods

A probation period is a stretch of time where a new employee trials their job. This provides an opportunity for the employer and employee to test each other out before committing to a long-term relationship. However, this does not mean that you are exempt from complying with normal employment laws. This is a common misconception and many employers get into trouble by thinking that they are immune to any legal consequences for actions taken in a probation period.

It is important for employers to understand that. while on probation, employees continue to receive the same entitlements as other employees who are not on probation period.

If hired on a full-time or part-time basis, an employee on probation is entitled to accrue and access their paid leave entitlements such as annual leave and sick leave.

If an employee does not pass their probation, they are still entitled to receive notice when employment ends and have their unused accumulated annual leave hours paid out.

If you would like to know more about your rights and options as an employee or an employer, Straits Lawyers are now offering online services at https://straits-lawyers.square.site/product/family-law-binding-financial-agreement-consultation-bfa-/5?cs=true.

Alternatively, you send us an email at info@straitslawyers.com or give us a call on 8410 9069 to arrange an appointment for an online interview.

Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.