The Facts Relating to Australian Employment Law
Labour law, or employment law as it is more commonly referred to, is a set of legislations that govern the way in which workers (both temporary and contractual) and employers within Australia are able to function. Originally introduced in the early 1900’s, the legislations have been revisited time and time again over the decades, to modify the unique terms and conditions as dictated by the law itself.
As of 2005, certain major modifications were made to the policies listed within the law, one of which related to the potential for applicants within (and outside of) the country to apply directly to employers for work, as opposed to the pre-defined agreement that stated all applications be processed by the AIRC (The Australian Industrial Relations Commission).
How does the law work?
In most cases, the law is in place to better protect workers (both part and full time) from unlawful activities practiced by registered businesses. Likewise, these businesses can be protected by the equivalent pieces of legislation to safeguard themselves and their assets from unlawful conduct undertaken by employees.
The legislation was originally introduced to govern the way in which the workplace was able to function, but as newer technologies were introduced, the need to modify particular parts of the law evolved to better-suit newer demands. As things stand, Australian states are some of the only areas in the world to make full use of legislation that bans clauses from professional workplaces that support trade unions.
As a result, the potential for those working within the professional sector (including contractors, medical experts and those that provide government services) to strike has been all but eliminated. This can help to ensure that members of the general public are always the last ones to be affected by incidents that may lead to a disruption in their day to day lives.
How does this affect the statutory rights of employees?
When placed under contract, an employee will be expected to fulfil the terms and conditions dictated within their formal documentation; or else be held accountable to the law. One of the only clauses that exist outside of this term is the fact that if an unprecedented event, or employer, acts in a way that makes it difficult for the employee to continue with their agreed role, then the latter will not be held accountable.
What about the effect on professional businesses?
If a company is deemed to be in breach of contract, then they may be subjected to an investigation and held accountable for their actions. If it is instead the employee that has behaved in a manner that breaches the terms dictated within their contract, then it will be the business that is supported, as far as the law is concerned.
With dozens of individual policies and protocols, only those with experience in the field (namely qualified employment lawyers) should be hired to proceed with disagreements, breaches and contract nullifications.