ARTICLE · 17 DECEMBER 2020

Employment & workplace relations in Australia

Coleman Greig Lawyers

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Employers should ensure that the correct employment legislation, federal and state, is followed when hiring employees.

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Across Australia, the Fair Work Commission regulates minimum conditions of employment across all industries. The Fair Work legislation provides for 10 National Employment Standards (NES) which provide particular minimum conditions for employees. There are also separate state and territory laws regulating areas such as long service leave and work, health and safety. Most employees will be covered by a Modern Award which sets out minimum pay rates and conditions, in conjunction with the NES.

Key issues for new entrants to consider

Ensure the correct laws are followed when hiring employees. It is necessary to ascertain if a Modern Award applies to an employee's employment and the correct classification under the Award. Not getting this right can result in breaches of the Fair Work legislation, potential underpayment of wages and fines / penalties.

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