Australian Labor Law

Running head: AUSTRALIAN LABOR LAW
Australian Labor Law
Name of the Student
Name of the University
Author note

1AUSTRALIAN LABOR LAW
Table of Contents
Unfair Dismissal..............................................................................................................................3
Unfair Dismissal NSW laws............................................................................................................3
How to lodge the unfair dismissal claims........................................................................................4
Online lodgment of claims...........................................................................................................5
Procedure followed after lodging claims.........................................................................................5
Who cannot file a dismissal claim?.................................................................................................5
Power of Commissioner..................................................................................................................6
Employer Duties in NSW................................................................................................................7
State legislation on Responsibilities of employers......................................................................7
Obligations of Employers................................................................................................................7
Definition.....................................................................................................................................8
Legal requirements of employer NSW............................................................................................8
Workplace safety and Health...........................................................................................................9
Workers Compensation.................................................................................................................10
Minimum conditions and other obligations of employers NSW...................................................10
Employees duties NSW.................................................................................................................12
Compensation Payments................................................................................................................12
What is PCBU................................................................................................................................13
Employee duties towards co-workers............................................................................................14

2AUSTRALIAN LABOR LAW
Unfair Dismissal
By ABC
In New South Wales, the Fair Work Commission deals with cases related to unfair dismissal
under Rule 45 and Section 39 of the Fair Work Act. Unfair dismissal under NSW laws, the
termination of an employee is considered as ‘unfair’ if it was:
a) not a genuine redundancy;
b) unjust harsh or unreasonable, or
c) inconsistent with the Small Business Fair Dismissal Code (for employees engaged in
small businesses);
Unfair Dismissal NSW laws
The employees are governed by the national workplace relation systems that are administered by
the Federal Government of the country. The Fair Work Commission determines all the claims
related to unfair dismissal. The circumstances under which an employee is entitled to lodge
claims related to unfair dismissal are as follows:
a) employer did not settle the entitlement due;
b) employer did not abide by the appropriate procedures while terminating the employee, or
c) the employer denied the rights of the employees;
The local government employees and the State public sector employees are represented by the
NSW industrial relations systems and they are also entitled to lodge any claims pertaining to

3AUSTRALIAN LABOR LAW
unfair dismissal provided they are covered by enterprise agreement or state industrial award or
they either earn more than $138,900 or are award-free. If an employee believes that he has been
unfairly dismissed from his or her employment, such employee is entitled to lodge dismissal
claim before the NSW Industrial Relations Commission.
How to lodge the unfair dismissal claims
When an employee is terminated and is determined to lodge an unfair dismissal claim is
permitted to do so within 21 days from the time such employee has been dismissed and have
become entitled to lodge such claim.
If the claim is not lodged within the stipulated time, the Commissioner may be legally barred to
deal with the claim unless exceptional circumstances are established before the Commission.
The deadline given of 21 day related to the date when the dismissal ‘becomes effective’ that is,
the day when the employment is actually ceases:
 some employees are dismissed with a notice period to serve like 2 weeks, one month
during which they have to continue working with the company. Their employment
ceases after the completion of the notice period;
 some employees are terminated and are not served with any notice period which implies
that their employment ceases on the day of termination;
 some employees are not required to serve their notice period instead they receive
payment in lieu of such notice period. The dismissal of such employees becomes
effective on the day they complete working at their workplace;