The Fair Work system is national workplace legal system to protect employment entitlements and assist employees and employers to maintain fair workplace rights and responsibilities by setting up minimum terms and conditions. The Commission is an independent body that operates under The Fair Work Act 2009 (Cth) and other relevant federal legislation and regulations provide workplace relations laws.

 

The Fair Work Act 2009(Cth) stipulates protections of workplace including workplace rights, freedom of association and involvement in lawful industrial activities, and the protection from the unlawful discrimination. These rights are protected from certain unlawful actions including adverse action, coercion, misrepresentations and undue influence or pressure.

The Fair Work can help with:

  • Tax or superannuation.
  • Discrimination.
  • Bullying and harassment.
  • Workplace health and safety.
  • Unfair dismissal.
  • Workers’ compensation.

 

The Fair Work Ombudsman is a separate organisation from The Fair Work Commission. The Ombudsman plays an important role in ensuring that workers receive their correct wages, holidays and entitlements. It can provide you with advice about the minimum entitlements in modern awards and The Fair Work Act.

 

The Fair Work Ombudsman (FWO) provide education, assistance, advice and guidance to employers, employees, outworkers, outworker entities and organisations. Promote and monitor compliance with workplace laws, inquire into and investigate breaches of The Fair Work Act.

 

Employees including full-time, part-time and casual are subject to the rules set out in an award, registered agreement or an employment contract basis on the terms of an employment relationship. The National Employment Standards (NES) has set out 10 minimum employments standards that cannot be excluded.

  • Maximum weekly hours
  • Requests for flexible working arrangements
  • Offers and requests to convert from casual to permanent employment
  • Parental leave and related entitlements
  • Annua leave
  • Personal/ carer’s leave, compassionate leave and unpaid family and domestic violence leave
  • Community service leave
  • Long service leave
  • Public holidays
  • Notice of termination and redundancy pay

 

The Fair Work Commission may consider an employee has been unfairly dismissed if:

  • the person was dismissed;
  • the dismissal was harsh, unjust or unreasonable;
  • the dismissal was not a case of genuine redundancy.

 

Employees need to be employed for at least 6 months before they can apply for unfair dismissal. Employees working for a small business need to be employed for at least 12 months before they can apply.

 

Morrison Specter has a team of professional lawyers to provide the best legal advice and strive for the maximum benefits.