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Employment law is complex and technical, so it is best that you seek advice from appropriate organisations.
With the change in the Federal Government in 2007 there have been comprehensive changes to many areas of employment law.
As at 1 July 2009 the most significant statute affecting employment conditions in Australia is the federal Fair Work Act 2009 (Cth) (“FW Act”). The FW Act replaces the Workplace Relations Act 1996 (Cth) (“WRA”). The FW Act sets out:
- most of the rights and duties of employees and employers
- the procedure for the negotiation and certification of federal agreements
- amongst other things, governs the affairs of federally registered unions.
While most states in Australia have retained their own workplace legislation, in Victoria the Government referred its power to deal with industrial matters to the Federal Government by way of the Commonwealth Powers (Industrial Relations) Act 1996 (Vic). Most Victorian employers and employees were covered by the WRA. The Victorian Government has announced that it will refer the power necessary for the FW Act to cover all private sector employees and employers in Victoria.
Other legislation, such as the Commonwealth Sex Discrimination Act 1984, Racial Discrimination Act 1975 and Disability Discrimination Act 1992, and the Victorian Equal Opportunity Act 1995, Long Service Leave Act 1992 and Occupational Health and Safety Act 2004, also affect working conditions in Victoria.
Jobwatch is a community legal centre dedicated to providing assistance to Victorian workers about their rights at work. It provides a telephone advice service, represents and assists disadvantaged workers through a case work legal practice and campaigns for law reform around workplace justice and equality for Victorian workers.
Jobwatch has co-authored a number of guides to workplace issues. The Jobwatch website has electronic versions of these publications and many more fact sheets on a range of issues.
Workplace Violence and Bullying is a joint publication between Jobwatch and Worksafe Victoria. It defines workplace violence and bullying, forms of workplace violence, legal options and where to get help. Contact Jobwatch for a copy of this booklet.
People and Work sets out basic rights and entitlements for Victorian workers. It covers employment status, employment conditions, pay, superannuation health and safety and leaving your job. It is a joint-publication with Victoria Legal Aid. To obtain a copy contact Jobwatch or VLA on either (03) 9269 0120 (within Melbourne) or 1800 677 402 (rural areas).
For advice and assistance about non-award employment issues, misleading employment advertising or further referral advice.
Job Watch
Level 10, 21 Victoria StreetMelbourne Vic 3000Tel: 9662 1933; 1800 331 617Web: www.job-watch.org.au
The VLA website also has regular updates on the changes to employment law: www.legalaid.vic.gov.au. VLA does not give advice on employment matters but can direct you to relevant agencies and organisations.
Unions are a good source of information and assistance for employees. However, in general you need to be a member of a relevant union to gain access to their services. If you find yourself in need of union advice but you are not a member, it may be possible to join and pay back fees to gain representation. Individual unions have different policies on this issue. You should contact the (ACTU) or the Victorian Trades Hall Council (VTHC) to find out which union covers your job.
The ACTU has a Workers’ Hotline number. If you need to know your rights at work or what you can do about bullying and harrassment, contact the Workers’ Hotline for free confidential industrial advice on 1300 486 466.
The Victorian Trades Hall Council is the peak body for trade unions in Victoria. It does not have the capacity to give industrial relations advice but it can direct you to a relevant union:
WorkSafe Victoria is the manager of Victoria's workplace safety system.
Broadly, the responsibilities of WorkSafe are: to help avoid workplace injuries occurring, to enforce Victoria's occupational health and safety laws, to provide workplace injury insurance for employers, to help injured workers back into the workforce and to manage the workers' compensation scheme by ensuring the delivery of appropriate services. You can contact Worksafe directly if you have concerns over workplace safety.
WorkSafe Victoria
24-hour emergency line (dangerous goods and workplace accidents): 13 23 60;WorkCover Advisory Service: 9641 1444; 1800 136 089 (toll free)Email: info@workcover.vic.gov.auWeb: www.workcover.vic.gov.au
For advice and information about issues such as sexual harrassment and discrimination in the workplace.
With the introduction of the new Fair Work system on 1 July 2009 the role of the Office of Workplace Authority (OWA) has changed.
From 1 July 2009 the Fair Work Ombudsman takes on the OWA's general advisory function and Fair Work Australia will act as the new national workplace relations tribunal, with powers relating to enterprise bargaining.
Until January 2010 the OWA will continue to assess collective agreements made before 1 July 2009 using the current no-disadvantage test and individual transitional employment agreements made until 31 December 2009. For further information, visit the OWA websitebelow.
The Workplace Authority website has information on awards, agreements and pay scales. It is a good place to keep abreast of changes to the system being introduced by the Federal Government.
Web: www.workplaceauthority.gov.au
Fair Work Infoline: 13 13 94
Australian Industrial Relations Commission (Exists until 31 December 2009 only. The AIRC has been replaced by Fair Work Australia)
Web: www.airc.gov.au
Fair Work Australia
Level 4, 11 Exhibition Street
Melbourne, Vic 3000
GPO Box 1994, Melbourne Vic 3001
Tel 8661 7777 Fax: 96550401
Information about entitlements is available at the following websites:
Department of Education, Employment & Workplace Relations: www.dewr.gov.au
Fair Work Australia: www.fwa.gov.au
Fair Work Ombudsman: www.fwo.gov.au
Fair Work Online: www.fairwork.gov.au
workplace.gov.au (employment/workplace relations services online): www.workplace.gov.au
Fair Work Ombudsman
Level 6, 414 La Trobe Street
Melbourne Vic 3000
(For regional offices, see website, below)
Postal address: GPO Box 9887, Melbourne Vic 3001
Tel: 13 13 94 (toll Free)
Web: www.fwo.gov.au
Send complaint form(s) to:
Fair Work Ombudsman Complaints Assessment Team
Reply Paid 2567
Adelaide SA 5001
The Commonwealth Government provides advice through the Workplace Authority (see above) and the Victorian Government provides information through Business Victoria: Go to: http://www.business.vic.gov.au
Victorian Employers’ Chamber of Commerce and Industry (VECCI)
One of the main employer organisations in Victoria is the Victorian Employers’ Chamber of Commerce and Industry (VECCI) which will provide advice on all areas of employee relations to members.
Telephone: (03) 8662 5333 Web: www.vecci.org.au
Australian Chamber of Commerce and Industry (ACCI)
The Australian Chamber of Commerce and Industry (ACCI) website lists National Industry Associations which offer varying degrees of support in employee relations, award matters and industrial representation. Go to: http://www.acci.asn.au
For more information on this subject refer to The Law Handbook chapter 15.
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