Employment Law Basics: A Guide for Australian Businesses

Navigating the complexities of employment law is crucial for Australian businesses. Ensuring compliance not only protects your business from legal pitfalls but also fosters a positive and productive work environment. This guide covers essential aspects of employment law, from hiring to workplace safety, providing a foundational understanding for employers.
1.
Hiring Employees:
Getting it Right from the Start
Employment Contracts
🔵 A well-drafted employment contract is essential. It should clearly outline the terms and conditions of employment, including job duties, remuneration, and termination procedures.
🔵 Ensure the contract complies with the National Employment Standards (NES) and relevant industry awards.
Discrimination
🔵 Avoid discriminatory practices during the hiring process. It is illegal to discriminate based on factors like age, gender, race, or disability.
🔵 Focus on merit and job-related qualifications.
Fair Work Information Statement
🔵 Provide all new employees with the Fair Work Information Statement, which outlines their rights and entitlements.
2.
Award Wages and Entitlements: Ensuring Fair Compensation
Modern Awards
🔵 Determine the applicable modern award for your industry. These awards set minimum wages and conditions.
🔵 Stay updated on award changes, as they are periodically reviewed.
National Minimum Wage
🔵 Ensure you are paying at least the national minimum wage, which is reviewed annually.
Pay Slips
🔵 Provide employees with detailed pay slips that include information about their wages, deductions, and superannuation contributions.
Superannuation
🔵 Comply with superannuation obligations by making timely contributions to employee super funds.
3.
Leave Entitlements: Understanding Employee Rights
National Employment Standards (NES):
🔵 The NES outlines minimum leave entitlements, including annual leave, personal/carer's leave, and long service leave.
🔵 Ensure your leave policies comply with the NES.
Parental Leave:
🔵 Understand and comply with parental leave entitlements, including paid and unpaid leave.
Domestic violence leave:
🔵 All employees in Australia are entitled to 10 days of paid family and domestic violence leave each year.
Public Holidays and Weekeends:
🔵 Pay employees correctly for work performed on public holidays and weekends.
4.
Termination: Managing Employee Exits Legally
Fair Dismissal:
🔵 Ensure terminations are fair and not based on discriminatory reasons.
🔵 Follow proper procedures, including providing written notice and reasons for termination.
Notice Periods:
🔵 Provide employees with the required notice period, as outlined in their employment contract or the relevant award.
Redundancy:
🔵 If redundancies are necessary, comply with redundancy pay requirements and ensure a fair process.
Unfair Dismissal:
🔵 Be aware of the rules surrounding unfair dismissal, and what constitutes an unfair dismissal.
5.
Workplace Health and Safety (WHS):
Prioritising Employee Well-being
Duty of Care:
🔵 Employers have a duty of care to provide a safe and healthy workplace.
🔵 Implement WHS policies and procedures to minimize risks.
Risk Assessments:
🔵 Conduct regular risk assessments to identify and mitigate workplace hazards.
Training and Information:
🔵 Provide employees with adequate WHS training and information.
Incident Reporting:
🔵 Establish procedures for reporting and investigating workplace incidents.
Workers Compensation:
🔵 Maintain current worker's compensation insurance.
Staying Compliant
🔵 Fair Work Ombudsman - Utilise the resources provided by the Fair Work Ombudsman for guidance and support.
🔵 Legal Advice - Seek legal advice from an employment lawyer to ensure your business is compliant with all relevant laws and regulations.
🔵 Regular Reviews - Regularly review your employment policies and practices to stay up-to-date with changes in legislation.
By understanding and adhering to these employment law basics, Australian businesses can create a fair, safe, and productive workplace while minimising the risk of legal disputes.




