BSL202 S2 2024 W1

BSL 202 Employment Law Overview

Introducing HRM Law

  • Overview of laws relating to:

    • Individual employment relationships.

    • Collective relationships (including unions and employer associations).

Australia’s Unique System of Employment Law

  • Adoption of English common law.

  • Establishment of the Australian Constitution to manage industrial relations.

  • Collective labor relations extend back to the 1890s.

  • Development of compulsory arbitration starting in 1904.

    • Emergence of dispute resolution processes.

    • Enforceability of tribunal decisions.

Historical Context

  • Early work relationships existed between masters and servants, and involved convicts.

  • Governance by colonial administration over wages and working hours.

  • Evolution of work relationships under extensive government regulation.

Sources of Obligation in Employment Law

  • Common law provides basis for contractual employment relationships.

  • Interpretation of legislation, awards, and agreements influences contractual terms.

    • Implied terms within contracts.

More Sources of Employment Law

  • Legislation:

    • Establishes new standards and rights assertion procedures.

    • Clarifies common law elements.

  • Federal and State Legislation:

    • Primarily, the Fair Work Act 2009 governs most employers.

    • Division of powers under the Australian Constitution influences legislative framework:

      • Section 51 powers.

      • Section 109 addresses inconsistencies between state and federal laws.

      • Section 51(37) allows for referral of state systems to federal levels, excluding Western Australia.

  • Additional state systems exist for certain employers and employees.

Harmonized Legislation

  • Work health and safety legislation harmonized nationwide except Victoria.

  • State-specific workers' compensation legislation.

  • Anti-discrimination legislation at both the state and federal levels.

  • Federal laws include superannuation and tax legislation.

Regulatory Bodies Governing Employment Law

  • Fair Work Commission

  • Fair Work Ombudsman

  • Federal Court of Australia

  • Federal Circuit Court

  • Other relevant tribunals, including:

    • Australian Human Rights Commission

    • Equal Opportunity Commission WA

International Standards and Employment Law

  • Compliance with international frameworks from:

    • United Nations

    • International Labour Organisation (ILO).

  • Employment provisions integrated into Fair Work Act 2009 due to ILO agreements ratified by Australia.

    • Includes unlawful termination and discrimination protections, and rights relating to union membership.

Important Sources of Law for Employees

  • Employment contracts define individual work relationships.

  • Case law shapes rights and responsibilities (implied terms).

  • Subject to overarching legislation such as Fair Work Act 2009 and related regulatory instruments.

    • National Employment Standards (NES).

    • Modern awards or enterprise agreements affecting workplace conditions.