New South Wales Employment
Laws covering employment in NSW In 2006, the former federal government
made laws that resulted in substantial changes to the industrial
relations rules that apply to employers and employees in NSW.
Further changes were made to the federal industrial relations system
by the current federal government which commenced in March 2008.
Additional changes will be implemented in July 2009 and January
2010.
All NSW employers and employees need to know the federal and NSW
industrial relations laws that apply to their workplace, and their
rights and responsibilities under these laws.
The following information is a guide for NSW employers and employees
only. Businesses may need to seek legal advice to determine whether
NSW industrial laws apply to them.
Check here if your workplace is covered by State or Federal legislation
All employers in NSW have certain obligations or duties under common
law, statutes and their accompanying regulations.
It is important that Employers understand their rights and responsibilities.
There are two industrial relations systems in NSW dealing with
employment laws:
- the NSW state system; and
- the federal system.
Which industrial relations system covers my organisation?
The type of industrial arrangement that organisations employ staff
under, depends on whether the organisation is incorporated (a company)
or not incorporated (a sole trader or a partnership).
Those that are not incorporated will be working under the conditions
of a NSW State award or enterprise agreement and the NSW Office
of Industrial Relations can help you.
For those that are incorporated (usually a Ltd or Pty Ltd company)
they may be working under the conditions of a federal award or agreement.
For more information visit the federal government's Fair
Work Online website.
The NSW Industrial Relations Act 1996
The Act regulates employment in New South Wales by permitting
the NSW Industrial Relations Commission to make awards and approve
enterprise agreements specifying the conditions of employment for
employees doing particular types of work.
Industrial awards set out legally enforceable terms and conditions
of employment. Enterprise agreements, which are specific to a particular
enterprise or project, also set out minimum conditions of employment.
The NSW Office of Industrial Relations administers the NSW
Industrial Relations Act 1996 as well as other legislation
dealing with employment matters.
To see all employer related legislation go to Employer
related legislation
Know Your Legal Rights
Working
in NSW - Your Basic Workplace Rights and Responsibilities- Download
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