LEGISLATION THAT COVERS AUSTRALIAN WORKPLACES

Legislation Summary purpose/objectives Application to Industrial Relations

The Fair Work Act The rules and obligations for employees and employers which are
outlined within the Fair Work Act 2009 are known as the national
2009 workplace relations system. The purpose of this system is to
provide a balanced framework for productive workplace relations
which promotes national economic prosperity and social inclusion
(The Fair Work for all Australians.  must be done fairly; employees must be given a pay slip;
Ombudsman) The Act embeds the NATIONAL EMPLOYMENT STANDARDS which
apply to all national employees. The Act describes the meaning of
Dismissal, Redundancy, and Adverse Action. And how Enterprise
(The Fair Work Agreements must be made. The Act sets out the role of the Fair
Work Commission; and the role of the Fair Work Ombudsman.
Commission)
Practice
The Fair Work Act and the Fair Work Regulation apply to
all workplaces covered by the national system.
All workplaces must comply with the Fair Work Act and
the Regulations. For example terminating an employee
employee records must be kept; etc Employers can be
fined and their reputation ruined through unfair
treatment of employees
Workplace policies/procedures are necessary to assist
the organisation comply with the laws.

Work Health and
Safety Act 2011; WHS
Regulations 2017
(SafeWork NSW)
Workplace Gender
Equality Act 2012
(Workplace Gender
Equality Agency )
Describes the roles, responsibilities of worker and organisations in
WHS. The Act outlines WHS procedures and processes necessary
to ensure a safe workplace, such as risk management approach to
identifying hazards and risks, workplace consultative
arrangements.; reporting incidents to State authorities
The Workplace Gender Equality Act 2012 (Act) replaced the Equal
Opportunity for Women in the Workplace Act 1999. ... promote,
amongst employers, the elimination of discrimination on the basis
of gender in relation to employment matters (including in relation
to family and caring responsibilities) . Any unfairness or perceived
unfairness can negatively impact workplace productivity,
employee engagement and morale, access to talent, and
retention. Organisations are required by law to provide equal pay
WHS underpins all business practices including Industrial
Relations practice. Harassment and Bullying present
significant WHS risks to the company and to employees
The full-time total remuneration gender pay gap based
on the 2017-18 WGEA data is 21.3%, meaning men
working full-time earn $25,717 on average a year more
than women working full-time. The full-time base salary
gender pay gap for 2017-18 is 16.2%, which means that
men working full-time earned $15,457 on average more
than women.
An audit of pay and benefits v job role responsibilities

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to employees who are performing work of equal or comparable should undertake. Private companies with more than 100
value.  employees must comply with the Acts requirements to
fix pay gaps between men and women.

Legislation Summary purpose/objectives Application to Industrial Relations

Privacy Act 1988 AUSTRALIA - LEGISLATION
regulates the handling of personal information
about individuals. This includes the collection, use,
storage and disclosure of personal information. In
terms of access to records about an individual's
time in institutional 'care', the Commonwealth
Privacy Act may be relevant to records held by a
non-government organisation, where the
organisation's records are not covered by the state
or territory's information privacy laws. New privacy
laws will come into effect in Australia on 12 March
2014.
Practice
Visit these links –
file:///C:/Users/Kate-PC/Downloads/Workplace-
privacy-best-practice-guide%20(1).pdf
For how it affects HR practice
https://www.ipc.nsw.gov.au/privacy/nsw-privacy-laws
Information arising from grievances, conflicts,
must be kept confidential and accessed on a need to
know basis

Industrial Relations Act 1998 The IR Act only applies to employees in the New
South Wales State or local government sector. If covered by State Law – employees need to be made
NSW) Under the IR Act, the Industrial Relations aware of their entitlements and pay etc
Commission has the function of setting minimum
Managers need to be trained particularly in the area of
wage rates and other conditions of employment
Termination of Employment.
for employees and resolving industrial disputes.
The Commission can also hear other industrial
matters such as claims for unfair dismissal from
employment, unfair contracts and victimisation

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or bullying.

.
Legislation Summary purpose/objectives Application to Industrial Relations
Practice
Discrimination in employment or occupation
Australian Human Rights Discrimination on the basis of race, colour, sex,
Commission Act 1986 religion, political opinion, national extraction, social
origin, age, medical record, criminal record, marital
or relationship status, impairment, mental,
intellectual or psychiatric disability, physical
disability, nationality, sexual orientation, and trade
union activity.
Also covers discrimination on the basis of the
imputation of one of the above grounds.

Discrimination on the basis of age – protects both Discrimination in employment. Recruitment,

Age Discrimination Act 2004
younger and older Australians. training and wages and conditions.
Also includes discrimination on the basis of age-
specific characteristics or characteristics that are
generally imputed to a person of a particular age. Diversity Policy required
Training

Legislation Summary purpose/objectives Application to Industrial Relations

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Racial Discrimination Act 1975
Sex Discrimination Act 1984
Other laws that cover workplaces:
Legislation Learning guide bsbwrk520 2019 2 kmcl
Discrimination on the basis of race, colour,
descent or national or ethnic origin and in
some circumstances, immigrant status.
Racial hatred, defined as a public act/s likely
to offend, insult, humiliate or intimidate on the
basis of race, is also prohibited under this Act
unless an exemption applies.
Discrimination on the basis of sex, marital or
relationship status, pregnancy or potential
pregnancy, breastfeeding, family
responsibilities, sexual orientation, gender
identity, and intersex status.
Sexual harassment is also prohibited under
this Act.
Practice
Discrimination in all areas of public life including
employment.
Discrimination in employment. Recruitment,
training and wages and conditions.
Policy is required that covers discrimination based
on Race.
Training required - Diversity
Discrimination in employment, including discrimination
re superannuation. Discrimination in employment.
Recruitment, training and wages and conditions
Policy is required that covers discrimination based
on the Act. Particular attention to sexual
harassment
Training required particularly on sexual harassment and
bullying.
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Registered Organisations Act 2009 – Amended 2016 –registered organisations under the Fair Work Act, trade unions and
employer organisation must comply with this Act in terms of election of representatives, financial reporting. The
Registered Organisation Commission was also established under this Act.
Federal and State Discrimination Laws - Some state or territory laws cover areas where there is no federal
law or their laws can be in line with federal law. If there is a clash between federal and state or territory laws, the
federal law overrides them.

Fair Work Act 2009 - Outlaws discrimination on the basis of race, colour, sex, sexual orientation, age, physical or mental
disability, marital status, family or carer responsibilities, pregnancy, religion, political opinion, national extraction, and
social origin. Discrimination, via adverse action, in employment including dismissing an employee, not giving an
employee legal entitlements such as pay or leave, changing an employee’s job to their disadvantage, treating an employee
differently than others, not hiring someone, or offering a potential employee different (and unfair) terms and conditions for
the job compared to other employees.

The Superannuation Guarantee (Administration) Act 1992 – ensures that employees receive Superannuation support
from their employers. The current rate is 9.5% of salary.

Workplace Injury Management and Workers Compensation Act 1998. NSW provides a framework for

compensation to workers who are injured in relation to work activities and a framework for returning to work.

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The Fair Work Commission and The Fair Work Ombudsman - what's
the difference?
The Fair Work Ombudsman and the Fair Work Commission (the Commission) (previously called Fair
Work Australia) are independent government organisations.

They both regulate Australia’s workplace relations system but have different roles.

The Fair Work Ombudsman

We enforce compliance with the Fair Work Act 2009, related legislation, awards and registered
agreements (www.fairwork.gov.au/Dictionary.aspx?TermID=2034) . We also help employers and
employees by providing advice and education on pay rates and workplace conditions.

See Our role (www.fairwork.gov.au/About-us/Our-role/default) for more information.

What we can do
 provide reliable and timely information about Australia’s workplace relations system
 educate people about fair work practices, rights and obligations
 resolve workplace issues by promoting and monitoring compliance with suspected breaches
of workplace laws, awards andregistered agreements
 enforce workplace laws and seek penalties for breaches of workplace laws
 Enforce certain orders made by the Fair Work Commission.

What we can’t do
 investigate unfair dismissal and unlawful termination applications
 make changes to the legislation, awards or registered agreements
 investigate bullying and harassment complaints.

The Fair Work Commission

The Commission is the independent national workplace relations tribunal. It is responsible for
maintaining a safety net of minimum wages and employment conditions, as well as a range of other
workplace functions and regulation.

What it can do

 help employees and employers bargain in good faith and to make, vary or terminate
enterprise agreements
 deal with applications relating to ending employment including unfair dismissal, unlawful
termination or general protections
 deal with applications for an order to stop bullying at work
 make orders about industrial action, including strikes, work bans and lock outs
 provide mediation, conciliation and in some cases hold public tribunal hearings to resolve
various individual and collective workplace disputes

What we can’t do

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 make workplace determinations, hear and decide on equal remuneration claims, and deal
with applications about transfer of business, stand down, general protections and right of
entry disputes.
 provide advice on entitlements under an award or registered agreements
 enforce minimum pay and award entitlements.

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