Australia remains to be a strong and stable environment in which to do business.
Introduction
Australia remains to be a strong and stable environment in which to do business.
This in-brief provides a snapshot of some of the key aspects of employment law in Australia.
Our Hong Kong office coordinates employment and immigration/global mobility support across the Asia Pacific region (including Australia). This publication provides general guidance only; expert advice should be sought in relation to particular circumstances. Our Hong Kong office can source Australian advice through its links with local firms in Australia.
The employment law landscape
Australia has a common law system.
The federal Fair Work Act 2009 (‘the Fair Work Act') is the principal piece of legislation governing employment relationships. Each state and territory also have legislation which deals with issues such as occupational health and safety, workers' compensation, equal opportunity, anti-discrimination and long service leave. Recent amendments to the Fair Work Act have made significant changes regarding the classification of independent contractors, prioritising the "real substance, practical reality, and true nature of the relationship" over merely contractual terms. The National Employment Standards (‘NES') set out 11 minimum entitlements for all employees including maximum weekly hours, flexible working arrangements, leave entitlements and termination and redundancy pay. There are also minimum pay...
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