Australian Employment Law

Over the years the individual States and Territories of Australia have passed numerous statutes that apply only locally resulting in Australian employment law being fragmented dependent on the location of the place of employment however the Parliament of Australia has now consolidated much legislation into Acts that apply throughout the country which take precedence over local statutes.

National Federal Legislation

The most important Australian employment law is contained in the following statutes which apply nationally, throughout the country without any local variation :-

• Racial Discrimination Act 1975



This Australian employment law applies nationally and makes racial discrimination unlawful and overrides all state and Territory legislation. Racial discrimination occurs when a person is treated less favourably than another person on the basis of race, colour, descent or national or ethnic origin.

• Sex Discrimination Act 1984



This Australian employment law applies nationally and makes discrimination on the basis of sex, marital status, pregnancy or potential pregnancy unlawful. The act has wide ranging effects which are not just restricted to sexual discrimination.

• Disability Discrimination Act 1992



This act was passed by the Parliament of Australia with the intention of protecting the rights of disabled employees on a national basis. Complaints under this Australian employment law are made to the Human Rights Commission.

• Age Discrimination Act 2004



Since the passing of this legislation it has been unlawful to discriminate in employment matters on the basis of age which applies to all ages including the old and the young.

• Human Rights & Equal Opportunity Commission Act



This legislation controls the operation of the Human Rights Commission which investigates breaches of anti-discrimination statutes including discrimination on the grounds of race, colour or ethnic origin, racial vilification, sex, sexual harassment, marital status, pregnancy or disability.

• Fair Work Act 2009



The act regulates the government industrial relations institution known as ‘Fair Work Australia’ which governs awards, minimum wage levels and dispute resolution. Fair Work Australia carries out functions previously dealt with by the Workplace Authority and the Australian Fair Pay Commission.

• Workplace Relations Act 1996



This Australian employment law provides minimum terms and conditions that apply to employment and governs the Australian Industrial Relations Commission (AIRC).

Specialist Employment Solicitors

Our specialist Australian employment law solicitors deal with all types of employee/employer disputes. We offer expertise across a wide range of issues including industrial relations, discrimination, harassment, unlawful dismissal, redundancy and employment rights. For free advice without further obligation just email or use the contact form.