Employment solicitors in Australia - such as Leyden Legal - provide legal advice and representation to employers, employees, unions, and government agencies on workplace-related issues, ensuring compliance with Australian employment laws and regulations.
The employment law regulatory framework in New South Wales combines federal and state legislation, with federal laws governing most matters and state legislation for specific areas.
Federal Legislation
Fair Work Act 2009 (Cth)
This is the primary legislation governing employment relations in Australia, including NSW. It sets out the National Employment Standards (NES), modern awards, enterprise agreements, and provisions for unfair dismissal, among other things.
Fair Work Regulations 2009
These regulations provide additional details to complement the Fair Work Act.
Workplace Gender Equality Act 2012 (Cth)
Promotes and improves gender equality in the workplace, with reporting requirements for certain employers.
Fair Work (Registered Organisations) Act 2009 (Cth)
Governs the operations of registered trade unions and employer associations.
NSW State Legislation
Work Health and Safety Act 2011 (NSW)
Provides the legal framework to protect the health, safety, and welfare of all workers in NSW. It imposes duties on employers, workers, and other parties to ensure a safe working environment.
Workers Compensation Act 1987 (NSW)
Governs the workers' compensation system in NSW, providing compensation for workers who suffer work-related injuries or illnesses.
Workplace Injury Management and Workers Compensation Act 1998 (NSW)
Sets out the processes for managing workplace injuries and returning injured workers to work.
Industrial Relations Act 1996 (NSW)
Applies to employees of the NSW state government and certain local government entities. It covers industrial relations matters including the resolution of industrial disputes, the making of industrial agreements, and the setting of conditions of employment for state public sector employees.
Key Institutions and Bodies in NSW
SafeWork NSW
The state's workplace health and safety regulator, responsible for ensuring compliance with the Work Health and Safety Act. SafeWork NSW provides guidance, conducts inspections, and enforces health and safety laws.
State Insurance Regulatory Authority (SIRA)
Oversees the NSW workers' compensation system, regulating insurance and managing disputes related to workers' compensation.
NSW Industrial Relations
Provides information and advice about the rights and responsibilities of employers and employees under the Industrial Relations Act 1996, focusing on the state public sector.
Additional Considerations
Anti-Discrimination Legislation
While federal laws like the Sex Discrimination Act 1984 and the Racial Discrimination Act 1975 provide a framework for anti-discrimination across Australia, NSW also has its own anti-discrimination legislation, the Anti-Discrimination Act 1977 (NSW), which prohibits discrimination in employment and other areas based on race, sex, age, disability, and other grounds.
Public Sector Employment
The Government Sector Employment Act 2013 (NSW) governs the employment of people in the NSW government sector, covering matters such as recruitment, conditions of employment, and workforce management.
When seeking an employment solicitor in Australia, consider their experience and expertise in the specific area of employment law relevant to your needs. NSW employers and employees must navigate federal and state legislation to understand rights and obligations, requiring advice from employment law professionals - such as our team at Leyden Legal - for compliance and dispute resolution.
