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Workplace Law Chapter 1

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47 views

Workplace Law Chapter 1

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clarissaawyl
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© © All Rights Reserved
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Workplace Law Lesson 1

Purpose of
Workplace Law Employee Protection
 Both employee protection and for economic efficiency

Parliaments and Courts


 Have created law that restricts the freedom of contract in employment agreements

Imbalance Bargaining Power


 Purpose of statutory work law is to provide adjustment to the perceived imbalance of
bargaining power between employer and employee

Employee Rights Embedded in Statutory Law


 Are applicable irrespective of any contrary agreement

Statue Law is Supreme


 No matter what an employment contract says, it cannot undermine statute law

Supreme of Legislation
 Example:
- Given reservist letter but did not attend. The person is then arrested – National
service is governed by the National Service Enlistment Act, which is a statute
- There is no term in an employment contract can override statute

Sources of Legal
Obligation Common Law
 This is a judge made law decision of the courts become law through the doctrine of
precedent

Found in court and tribunal judgements


 Interprets legislation, cases are used to give meaning to the statures, and interprets
contractual terms. For example, new incidents arise in court which the court agrees
may be added to a new meaning
 Common Law giving meaning to statute:
- E.g. Road Traffic Act 1963 s6: A person who uses a vehicle on the road; and that
person hits an animal while using the vehicle, must stop and render assistance to
that animal
- 2020: John Tan, PMD, Chinchilla: Does not give assistance and rides away. An
offence?
- PP: v John Tan: Violated the Road Traffic Act 1963 s6 precedent. This case now
gives meaning to the PMD (as a vehicle), and gives meaning to the chinchilla (as
an animal) under RTA 1963

 Also gives meaning to Awards and Collective Agreements


- These are agreements designed to improve working conditions for Australian
employees; every four years, a new Award or Agreement will come into force

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The second
source of Legislation
employment  Also known as Acts of Parliament; Statutes, E.g. Fair Work Act 2001 (Cth); Work Health
and Safety Act 1999 (WA)
 Provides minimum standards – E.g. Wages, Leaves
- Adds rights and duties – dismissal, health and safety
- Imposes collective obligations – Bargaining standard
- Procedures for dealing with legislative breach

Federal and State Law


 Federal Law
- When federal parliament passes an act, it applies to all of Australia. Federal law
applies nationally
- Federal law are laws created by the Australian Parliament and as national
application
Example: Fair Work Act 2001 (Cth) – When it is CTH then it is Federal. If it is empty,
it is Northern Australia or random letters

 State Law
- Australia is divided into states and each of them has its own laws. One law in one
state cannot be applied or affect in another state
- State laws are created by the state in question and do not apply to other state
- Example: Work Health and Safety Act 1999 (WA) was created and only applied by
Western Australia (WA)
Regulatory
Bodies The Fair Work Commissions (FWC)
 Regulatory Body governing employment in Australia, aims to settle work-related
disputes

The Fair Work Ombudsman (FWO)


 An office that receives, an investigates complaints from employees over working
conditions
When a company is found to have breached employment regulations (E.g. Safety), either
of the above organisation can take the company to court

Federal Circuit Court (Fair Work Division)


 Federal Court of Australia – Employers who refuse to obey directives of the FWC or the
FWO, are take to these courts for adjudication (judgement)

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United Nations
 Human rights covenants that create standards on freedom of association – UN
believes if the person wants to join Union is up to them
 Collective Bargaining – Workers come together to bargain with employers for better
salary
 Industrial Action – Strikes, walk outs, selective service, go slow
 Discrimination against women
 Equal pay, minimum pay, maternity leave, etc
International
Standard International Labour Organisation
 Conventions that create standards on hours of work
 Minimum age
 Injury compensation
 Child labour, forced labour, termination of employment, etc

Australia is a UN and ILO member. If a convention or other instrument is ratified its


obligations are to be implemented by federal legislation
Ratified – Means to pass a law to accept the standards into the law

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