Australia has only two private-sector employment law systems. All states and territories except Western Australia have handed their powers to the federal government and operate under the national industrial relations system. Employers in these states, and some in WA, are called national system employers.

Read more about Western Australia.

The Pastoral Award 2020 is the only federal award covering the dairy industry. It applies to all national system employers who engage employees in classifications listed under the Award.

National Employment Standards

The federal industrial laws lay down a set of minimum standards called the National Employment Standards (NES) which apply to all employees, as a minimum regardless of whether they are covered by an award or a workplace agreement. The NES are:

• maximum weekly hours of work;
• requests for flexible working arrangements;
• offers and requests to convert from casual to permanent employment;
• parental leave;
• annual leave;
• personal/carer’s leave and compassionate leave (includes family and domestic violence leave);
• community service leave;
• long service leave;
• public holidays;
• notice of termination and redundancy pay;
• Fair Work Information Statement;

Since 1 January 2010, most NES entitlements have been built into all modern awards. The NES also set minimum standards for all employees on workplace agreements (even those made before 2010) and for award-free employees.

Agreements

Termination of employment

There are federal laws about termination of employment.

General protections

Federal industrial laws include ‘general protections’ provisions that establish and safeguard key workplace rights. These protections cover:

• workplace rights
• the right to engage in industrial activities
• the right to be free from unlawful discrimination
• the right to be free from undue influence or pressure in negotiating individual arrangements

These rights are protected from certain unlawful actions, including:

• adverse action
• coercion
• misrepresentations
• undue influence or pressure in relation to: individual flexibility arrangements (IFA), guarantees of annual earnings, or deductions from wages.

Record keeping – payment of wages and deductions

Record keeping is an important part of the federal industrial laws which can be enforced by the Fair Work Ombudsman – read more about record keeping

Fair Work Commission

On 1 July 2009, the Fair Work Commission replaced the Australian Industrial Relations Commission. The Fair Work Ombudsman also provides a Fair Work Handbook  to help employers understand their obligations under the Fair Work Act. The handbook covers key areas such as: