Q & A on Labour Law

This article provides answers to common questions on labour law in Australia. It covers topics such as minimum wage, payslip regulations, record keeping, and more. The article is relevant for students studying law or human resources, and anyone interested in understanding their rights and responsibilities as an employee or employer. Course code and college/university are not mentioned.

Running head: LABOUR LAW
Q & A on Labour Law
Name of the student:
Name of the university:
Author note

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Table of Contents
Part A: Question 1......................................................................................................................2
Answer to (a)..........................................................................................................................2
Answer to (b)..........................................................................................................................2
Answer to (c)..........................................................................................................................3
Answer to (d)..........................................................................................................................4
Answer to (e)..........................................................................................................................5
Part A: Question 2......................................................................................................................5
Answer to (a)..........................................................................................................................5
Answer to (b)..........................................................................................................................6
Answer to (c)..........................................................................................................................7
Answer to (d)..........................................................................................................................7
Part B: Question 3......................................................................................................................8
Part B: Question 4....................................................................................................................11
Part B: Question 5....................................................................................................................14
Reference:................................................................................................................................17

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Part A: Question 1
Answer to (a)
In Australia, there are several legislations that are acting for protecting the interest
of the employees and certain rules are mentioned which are required to be followed up by the
employees as well as employers. Workplace Relations Act 1996 and Fair work Act 2009 are
some of the examples of this legislation1. According to the Fair work Ombudsman, pay slip is
an important thing and is required to be provided to every employee within a working day
and that working day must be his or her pay day2. The rules of payslip are applied to those
employees also who are on leave. There are two different forms of providing pay slips such
as electronic form and hard copy. Certain rules are mentioned under the act regarding the
formation of pay slip and the employers are bound to maintain the rules accordingly.
However, there are certain provisions too which have empowered the employers to deduce
certain amount from the employee’s pay. According to the Workplace Relations Act 1996,
the deduction can be done by way of registered agreement3. It has also been stated under the
Act that an employer can provide electronic payslips to the employees. It is the duty of the
employers to see that every employee can get an access to the payslips on private basis. if an
employer has failed to provide pay slip according to the rules, he or she will be held liable
under the Fair Work Act 2009.
1 James, Natalie, and Fair Work Ombudsman. "Commonwealth of Australia." (2015).
2 Kavanagh, Megan, and Emily McRae. "Employment law: Protecting vulnerable workers amendment to fair work
act." Governance Directions 69.4 (2017): 241.
3 Layton, Robyn, Meg Smith, and Andrew Stewart. "Equal remuneration under the Fair Work Act 2009." (2014).

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Answer to (b)
Under the Fair Work regulation and the Fair Work Act 2009, there are certain basic
provisions which must be included under the pay slip of an employee. The provisions can be
categorised as follows:
The name and ABN of the employer should be mentioned in the pay slips. There
should be a provision where the name, date of payment and pay period of the employee
should be mentioned. Further the gross amount of payment should be mentioned there.
Provisions regarding the incentives rate, penalty provisions and entitlement paid sections are
also to be included under the pay slips. In addition, there are certain mandatory provisions
which will be provided if necessary4. The provisions are:
In case where the employee is working on hourly pay basis, the number of working
hour and amount of payment must be mentioned under the slip. If the nature of work of the
employee is based on annual rate of pay, the last day pay period rate must be mentioned in
the slip. If any deduction has been made regarding the salary, it should also be mentioned in
the pay slip. If in any case the employer is willing to make any superannuation contribution,
the provisions must be specifically mentioned in the pay slip. In certain case, it has been
observed that certain funds are being made to regulate the superannuation contribution by the
employers5. In certain cases, it is mandatory to mention the name or number of the same in
the payslip.
4 Forsyth, Anthony, et al. "Establishing the Right to Bargain Collectively in Australia and the UK: Are Majority Support
Determinations under Australia’s Fair Work Act a More Effective Form of Union Recognition?." Industrial Law
Journal46.3 (2017): 335-365.
5 Seaforth, Rachael. "Casual workers' rights and employer obligations." Bulletin (Law Society of South Australia) 38.11
(2016): 38.

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Answer to (c)
In Australia, all the employees are selected according to the rules of National
employment Standards and both the employees and the employers should have to maintain
the rights and responsibilities mentioned under the Fair Work Act 20096. However, it is the
right of every employee to get all the rights and facilities mentioned under the Workplace
Relation Act 1996. There are certain provisions regarding the record keeping and payslip of
the new employees who are about to commence their employment under the name of the
respective company. The name of the employees and the nature of his work must be
mentioned in the payslip. The name and ABN of the employers are also required to be
mentioned there. The date of recruitment must be mentioned in the payslip to understand the
commencement of employment of that employee specifically. The gross and net payment of
the employees should also be mentioned. Separate provisions for working hour, leave criteria,
conditions for employment termination and superannuation contribution should be mentioned
there. Certain entitlement rates are required to be mentioned in the payslip. A separate
provision for the deduction section must be included under the payslip. Provisions relating to
the tax application must also be mentioned in the payslip. However, payslip should be
provided to the employees within one working day and the provisions of the payslip should
be written as per the provision of Fair Work Regulation and Fair Work act 2009.
Answer to (d)
The provisions regarding the keeping the records of the employees are mandatory
in nature. The record keeping provisions has been mentioned under the commonwealth
workplace laws. It has been mentioned under the law that the record of the employee should
be maintained for a period of seven years7. The provision for employee record is mandatory
6 Davis, Kelsey. "A Critical Analysis of ‘Genuine Redundancy’Cases Under the Fair Work Act 2009 (Cth)." (2014).
7 James, Natalie, and Fair Work Ombudsman. "Commonwealth of Australia." (2015).

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in nature and therefore, any employee can ask for maintenance of records. According to the
rules, any records based on the time and wages of the employee must be readable, should be
written in English language and Fair Work inspector can be accessed to all the information as
they required. The record regarding the time and wage could not be changed unless there is
any false or misleading statement has been recorded in that document. There is a particular
time frame has been mentioned under the Fair Work Act 2009 where the name of the
employer and employee should have to be mentioned and the pay period and the pay date
must be mentioned accordingly8. The payment criteria should have consisted of two time
schedule; one for the ordinary hours and the other for the overtime hours. The required pay
period must be mentioned on weekly basis and the pay day should be mentioned specifically.
Record can be kept for the termination of the employee too but in that cases, last working day
of the workers are required to be mentioned in the record9.
Answer to (e)
In Australia, record keeping plays an important role to understand the operation of
a particular business. Record will help to understand the amount of money the company is
gaining from the employees and how the money has been spent, the employment or
recruitment process of the employees and how all the official process of the business has
been operated. It also helps to manage the cash flow of the business. There are two leading
organisations in Australia who are regulating the record keeping process such as Australian
securities and Investment Commission and The Fair Work Ombudsman10. Australian
securities and Investment Commission regulates the record keeping process of a company
and the Fair Work Ombudsman helps the employees to keep their records on track.
8 Hood, Jack, Benjamin Hardy Jr, and Lauren Simpson. Workers' compensation and employee protection laws in a nutshell.
West Academic, 2016.
9 Alexander, Charlotte, and Anna Haley‐Lock. "Underwork, Work‐Hour Insecurity, and A New Approach to Wage and
Hour Regulation." Industrial Relations: A Journal of Economy and Society 54.4 (2015): 695-716.
10 Layton, Robyn, Meg Smith, and Andrew Stewart. "Equal remuneration under the Fair Work Act 2009." (2014).

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According to the Taxation Office, an employee should keep the records for at least five years
and the Commonwealth Workplace Law requires a record of an employee should be
maintained for a period of seven years minimum. The records of the employee can be
maintained in two different ways; he can keep the record either electronically or with paper
copies. The record keeping maintenance has been mentioned under section 14 of the Fair
work Act 2009. According to Part 3 of the Fair Work Regulation, if any employer has failed
to comply with all the requirements for keeping a record, he will held liable under the Act
and civil penalties can be imposed on him.
Part A: Question 2
Answer to (a)
In Australia, there are certain provisions dealing with the minimum wages of an
employee. Fair work Act 2009 is one of the enactments. The term minimum wage denotes
basic payment rate of an employee which he is liable to get in an ordinary working hour11.
The rate of minimum wage is different in nature and it depends on various industrial
instruments that are suitable to apply on different working criteria. According to the Fair
Work Act 2009, no employer and employee is allowed to provide or get a remuneration that
is less than the actual rate of minimum wage. The rate of minimum wage has been decided by
the Fair Work Commissions and the respective process is known as the national workplace
relations system. Ten employment entitlements are provided to the employees among which
minimum wage is a part. Provisions of the minimum wage will be applied by the sections like
award, employment contract or certain other registered agreement12. According to section 284
of the Fair Work Act 2009, the main objective of the Minimum wage is to look over the
11 Bradley, David H. "The Federal Minimum Wage: In Brief." (2017).
12 Farbenblum, Bassina, and Laurie Berg. "Migrant workers’ access to remedy for exploitation in Australia: the role of the
national Fair Work Ombudsman." Australian Journal of Human Rights (2017): 1-22.

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performance of national economy and promote the proper workplace theory by enhancing the
workplace participation. According to the National Minimum Wage, at present every
employee will get $18.29 per hour before tax. Therefore, it can be stated that Max is not
getting the minimum wages from his employer and therefore, he has every right to seek help
from the Fair work commission by making an application before them.
Answer to (b)
The present problem regarding Max is based on the provision of the Fair work act
2009. The main objective of the Act is to secure the interest of the employees and that
includes certain other topics like working hour, waging rate, workplace condition,
employment terms and termination process. Minimum wage rate means the basic rate of an
employee that is paid by the employer on hourly basis13. However, the rate of wage is
depending on the industrial instruments that are particularly applicable to him. Therefore, it
can be stated that the rate of wage is depending on the modern award or agreement. The
minimum wage rate has been determined by the Fair Work Commission and is provided to all
the employees who are a part of the national workplace relation system. This includes an
annual wage review that has been specified by section 285 to section 299 of the Fair Work
Act 2009. According to the current waging system, every employee must get a minimum
wage for the work they do. According to the Act, an employee should get $18.29 on per hour
basis or he is entitled to get $694.90 on the basis of 38 hours in a week. It is to be taken into
note that all these wages are given without any tax deduction. In case of the casual workers,
extra 25% loading money has been paid to them.
13 Molina, Luz M., Andrea M. Agee, and Erika A. Zucker. "Vulnerabilities of Low-Wage Workers and Some Thoughts on
Improving Workplace Protections: The Experience of the Workplace Justice Project." Loy. J. Pub. Int. L. 17 (2015): 215.

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Answer to (c)
The waging structure of Australia is unique in nature and it provides many
opportunities to all the employees irrespective of their age. Therefore, Australia is providing
junior wage to those workers who are below the age of 21 years. It is not clear from the case
study that what is the exact age of Max; however, trainee wage is given to all the employees
who are under the age of 21 years and it is 12% of the actual waging rate. According to the
policies of the junior wages, every employee will get 52% of the actual rate. However, a
junior employee will get an adult wage rate after completing the criteria of junior wage rate14.
The waging criteria of Australia are being criticised by many scholars and it has been
observed that certain discriminations are being found in this system. Further, the rate of
unemployment has been affected the life of the employees and they get harassed in every step
of their life. Therefore, all the necessary steps should be taken by the government to avoid
this issue. However, if the age of Max does not exceed 21 years, he will be entitled to get
52% of the actual wage rate.
Answer to (d)
In Australia, the working hours of an employee have been fixed by the Fair Work
Act 2009 and it is abide by all the employers and employees working in Australia. When an
employee is working more than the ordinary working hours, it will be known as overtime. In
general, the rate of overtime is higher compared to the original amount of payment. However,
the amount differs on the basis of modern awards and registered instrument. A full time
employee should work for a term of 38 hours as full time weekly hours. An employee has all
the rights to refuse to work unreasonably. In case of any overtime, an employee would be
entitled to get extra payment. The amount of payment can be $25 on hour basis. However,
there can be certain other extra benefits too apart from the bonus. An employee can get
14 Hood, Jack, Benjamin Hardy Jr, and Lauren Simpson. Workers' compensation and employee protection laws in a nutshell.
West Academic, 2016.

9LABOUR LAW
certain flexible benefits such as car facility or health insurance. The benefit may include
gratuity or paid leave.
Part B: Question 3
Letter of Advice
To
Arts Corporation Pty Ltd
Australia
The idea of wrongful termination has been cropped up where the employees are get
sack from their post by the employer and the termination process includes certain breaches to
one or several sections of the employment agreement. Wrongful termination includes the
policy of constructive dismissal too where an employee is forced to make resignation from
his or her post and it is treated as a serious violation to the employee’s legal right15. An
employee, who has been terminated from his or her post illegally, can make a complaint
before the competent authority for wrongful termination against the company. If the
employee is getting terminated by the employer on the grounds of discrimination, retaliation
or the employer has not followed the employment policies while terminating him will be
come under the purview of wrongful termination or dismissal. The process of wrongful
termination will be applied to those cases also where there is no existence of the employment
contract in between the employer and the employee.
In this current case, it has been observed that Belinda has got sufficient chances to
prove her ability. The company has provided her all the facilities appropriated for her, but all
15 Clibborn, Stephen. "Why undocumented immigrant workers should have workplace rights." The Economic and Labour
Relations Review 26.3 (2015): 465-473

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were in vain. She has not responded positively to those procurements and continued to be
disgraceful at work.
It has also been observed that Belinda has filed a general protection suit against the
company. The Fair Work Act 2009 has provided certain rights to the employees or protecting
their interest and the employers are prohibited from breaching any of those provisions16. The
Act has given certain workplace rights and industrial rights to the employees and in case of
any violation regarding the same by the employers, the employees will get all the chances to
file a suit against the employer. However, an employee can enjoy the right only when the acts
of the employer have contravened the provisions of the Fair Work Act 200917. Therefore, the
company is advised to look after the matters whether it has been violated any of the provision
in case of Belinda’s termination.
The complaint relating to the wrongful termination can be made against a company
if any employee is terminated in illegal way. In this case, the employee has to show that the
employer has infringed the provision of the employment contract. If the employee can prove
his innocence, the alleged company will be bound to give him or her relevant compensation
under the law. However, there are certain provisions too by which a company can defend it.
In this letter, all such grounds are being described categorically.
The defence can be made through three processes such as breach of public policy,
breach of implied contract and wrongful termination liability. The employer is required to
prove the facts that the behaviour of the employee was against the employment policies of the
company and his termination has not breached any provision of the public policies. The
company may defend with the plea that the essence of the public policy does not cover the
16 Izzo, Luis. "Employment: The casual conundrum: Casual employment in the fair work world." LSJ: Law Society of NSW
Journal 21 (2016): 82
17 Southey, Kim. "UNFAIR DISMISSAL FOR AUSTRALIAN WORKERS: THE HUNDRED-YEAR JOURNEY." Asian
Academy of Management Journal 20.1 (2015).

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protection of employee’s conduct. If the employee has alleged that the company has breached
the provisions of the implied contract, company can defend it by arguing that the alleged
implied contract does not existed any more18. Further, if the company can prove that it has
followed up all the essential sides as per the prescribed regulation and the allegation of the
employee has no base; it can be regarded as a good ground of defence.
The company is advised to provide certain information to the employees with an
intention to avoid all the future problems. The company can interpreted all the employment
policies to the employees and conduct proper training and grooming program whatever is
necessary for the employees. Therefore, the company is suggested to look over all the above
stated grounds and analyse their response towards Belinda.
The Fair work act 2009 has empowered both the employers and the employees to
defend them against the allegation of wrongful dismissal or termination and protected both
the rights of the employer and the employee. Both the parties are required to submit their
portion of liabilities and prove their innocence over the matter.
In this case, it has been observed that Belinda has made certain allegation against
the company and filed two suits before the competent authority by stating the process of her
termination has breached the provision of employment contract. it is no doubt to state that she
has to collect and submit all the relevant document to prove the burden of proof. Similarly,
the company will get a fair chance to defend it against all the allegations. In this case, the
company has to prove that the termination process of Belinda is not against the policy of the
employment agreement and the company has provided many opportunities to her to prove her
eligibility. Therefore, the company has to submit all the notices that had been provided to
Belinda for her absence mind during the office hour. Further, the company has called for a
18 French, Ben, Maree Veronica Boyle, and Olav Muurlink. "Workplace Bullying in Australia: The Fair Work Act and its
impact." New Zealand Journal of Human Resource Management 14.2 (2014): 69-81.

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meeting with Belinda regarding her poor performance at work and the company can submit
the schedule of the meeting too. Belinda has failed to prove sufficient participation in the
training and she was irregular at the training program. All these records can prove the
innocence of the company. Further, Belinda was surfing social media at her course of work
which opposed the employment policy of the company. Therefore, the company can produce
all the relevant documents regarding the same. To sum up, the company is advised to take all
the appropriate steps by submitting the documents to the competent authority before which
Belinda has filed the case and defend it in accordance with the appropriate provision of Fair
Work Act 2009.
Part B: Question 4
To
The Supervising Authority
Australia
Sub: Breaches and remedies in employment law regarding unlawful dismissal
Respected Sir,
Considering the statement made by Mary in this case, it can be stated that she has
been victimised by the CEO of the Company, Mr. Thomas Yank. The way she has been
terminated from her post has violated the provisions of the employment law and it can be
stated that she must get all the necessary opportunities to prove her innocence. The acts of the
CEO have breached both the provisions of Fair Work Act and Australian Human Rights
Commission19. According to Article 19 of the International Covenant on Civil and Political
Rights or ICCPR, no one will be terminated from his post on the basis of adverse opinion
19 Buchanan, John, and Damian Oliver. "‘Fair Work’and the Modernization of Australian Labour Standards: A Case of
Institutional Plasticity Entrenching Deepening Wage Inequality." British Journal of Industrial Relations 54.4 (2016): 790-
814.

13LABOUR LAW
regarding someone or something. According to the Fair work Act 2009, everyone has the
right to express their opinion freely and without any interference. These expressions can be
made either in the written form or verbally. According to General Comment 34 of the
Australian Human Rights Act, any employee will get the rights to get freedom of opinion,
freedom to express certain contents and right to access to certain information. Further, the
Fair Work Act 2009 has included a provision on the unfair dismissal of the employee.
According to this, no employer is allowed to terminate an employee without any proper
reason. The main objective of the Act is to protect the interest of the employees.
According to the provision of Fair Work Act 2009, terminate an employee on
unreasonable ground is prohibited. It has further been stated by the Act that an employee can
get every rights to protect his dignity and status if he or she could be suspended from his or
her post. There are certain remedies available for the employee if she can prove his
innocence. According to the provision of the law, an employee can make a plea for
reinstatement that means he can make an application for getting his job back. He can ask for
compensation from the alleged company or from the respective employer. He can get an
option to have non-financial remedies such as written statement of service. However, the fair
work commission can conduct a mitigation process if both the employee and the employer
want an amicable solution to the issue. The outcomes of the remedy have been prescribed
under section 394 of the Fair Work Act 200920.
After considering the facts of the case, it can be stated that Mary has all the possibilities to
make a fair claim against the company and her termination process has breached the
provision of the Employment Act and the Fair Work Act 2009. Therefore, the chances to
succeed are high in this case.
20 Pekarek, Andreas, et al. "Old game, new rules? The dynamics of enterprise bargaining under the Fair Work Act." Journal
of Industrial Relations 59.1 (2017): 44-64.

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Regards
Letter of Advice
Respected Madam,
Considering the statement made in your case, it can be stated that you have been
terminated from your post without any proper reason. Therefore, you will be eligible to get
the opportunity to file a suit for unlawful dismissal. The cause of action has been started in
your case when the CEO of your company has asked you for your personal conception
regarding the President of United States. The second cause of action has been arisen when
you have been terminated from your post on the basis of your own conception. The term
cause of action denotes certain facts which enable a person to bring an action against
another21.
It is clear from the above noted facts that you are working as a full time employee
at the corporation and your duration of employment is two years. The corporation is situated
in Australia, but the CEO of the corporation is American by nationality. Some days ago the
CEO has asked for your opinion regarding the President of USA and your reply was
dissatisfied him. On the basis of the fact, he has terminated you from your post. He even did
not provided any proper reply for that. Therefore, it can be stated that the acts of the CEO has
attracted the provision of the unfair dismissal and you are eligible to bring an action against
your employer for illegally terminate you from your post.
21 Bellia Jr, Anthony J., and Bradford R. Clark. "The Original Source of the Cause of Action in Federal Courts: The Example
of the Alien Tort Statute." Virginia Law Review (2015): 609-689.

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It has been stated under the Fair Work Act 2009 that any employee whose rights
has been violated by the employer, he will go to the Fair Work Commission for getting
justice22. The Act was enacted to protect the rights of the individual and establish the relevant
provisions of the Act. It has also been noticed that the acts of the employers have breached
the provisions of the International Covenants on Civil and Political Rights and Human Rights
Act of Australia. it is the basic criteria of Fair Work Act 2009 that every employee has a
right to express their own idea freely and without any encumbrances. Additionally, an
employee should be terminated from his post on proper ground. If the employer will be failed
to show proper ground to the employee, the termination will be regarded as unlawful. In your
case, the CEO has failed to provide any reasonable ground for your termination and therefore,
he has breached the employment provision as well as the provision of Fair Work Act. It is
advised to you to go to the Fair Work Commission for better adjudication of your case.
After the complaint has been lodged before the Commission, it will conduct a
conciliation process in between you and the alleged employer with an intention to resolve the
problem amicably. If amicable solution is not possible, employee can ask for reinstatement or
compensation from the company or the employer. The rate of compensation will depend on
the potentiality of your job and reward for the distress, humiliation and mental harassment
you have suffered after the termination23. In case of reinstatement, you will get an opportunity
to ask for getting the job back and the amount of payment you will earn if continued in your
post. The remedies of the unlawful dismissal have been mentioned under section 394 of the
Fair Work Act 200924.
Regards
22 Freedland, Mark, et al., eds. The contract of employment. Oxford University Press, 2016.
23 Selwyn, Norman M., and Astra Emir. Selwyn's law of employment. Oxford University Press, USA, 2014.
24 Hood, Jack, Benjamin Hardy Jr, and Lauren Simpson. Workers' compensation and employee protection laws in a nutshell.
West Academic, 2016.

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Part B: Question 5
In Australia, there are many legal provisions enacted for securing the rights of the
employees. Similarly, there are certain other provisions that prohibiting the employees to
apply their rights illegally25. According to the provision of the Fair Work Act 2009, an
employee will get an opportunity of collective bargaining that allows both the employers and
the employees to present their views about the employment and create pressure on others.
According to Alan Bogg (2014), the process of collective bargaining is democratic in nature.
This system is used for stabilising the relation between the employer and employees. There
are certain actions that have been taken by the employees to protect their own interest. Such
action includes right to strikes, go slow policy and the process of picketing. The Fair work
Act 2009 has provided a statutory definition of the term industrial action26. According to
section 19 (1) of the Act, any restriction applied on any work given by the employees or
refusal made by the employees to that specific work is regarded as the industrial action. In
certain times, picketing or lock out is also regarded as industrial action within the scope of
the Act. The right regarding the industrial action has been recognised by the International
Labour Organisation27. However, there are certain industrial actions that are considered as
illegal in the provision of Australia such as strike. Considering the labour history of Australia,
it can be seen that no right of strike has ever been provided to any employer or employees.
There is no legal provision that customised the right to strike in Australia till now; however
voices are raised in favour of strike now days. Various legislative changes have been made in
Australia regarding the protected interest of strikes. Australia has been witnessed to many
legal developments regarding the right to strike28. The process of legal development has been
commenced under the cover of Industrial Relations Reforms Act 1993.
25 James, Natalie, and Fair Work Ombudsman. "Commonwealth of Australia." (2015).
26 Leyton, Jorge. "The Right to Strike as a Fundamental Human Right: Recognition and Limitations in International Law."
(2017).
27 Frey, Diane F. "Conflict over Conflict: The Right to Strike in International Law." Global Labour Journal 8.1 (2017).

17LABOUR LAW
In Australia, all the disputes relating to the industry had been resolved by the
Conciliation and Arbitration Act 1904 where strikes and lockouts were not included or
permitted. According to that Act, if any dispute has been cropped up in the industrial sector,
it must be resolved through arbitration and there should not be any forms of strike took place.
If strikes are being conducted by the employees or by any union, they must have to face legal
penalties. However, certain reforms have been made in the year 1993 by the then government
where the limited right to strike has been recognised. According to the Industrial Relations
Reforms Act 1993, a union can only be allowed to call for strike if it had made the entire
attempt to resolve a dispute29. The union must show its willingness to negotiate with the
employers regarding any employment related issues and has to serve a notice for strike 72
hours prior to the strike30. Further the union was restricted to call for strikes for personal
injuries and in case of defamation.
After 1993, further reformation has been made in the year 1996 when the
Workplace Relations Act has been enacted. However, all the rights that are not protected by
the Industrial Relations Act have been prohibited and the provision of strike has been
excluded from the Act. Situation has been changed after the election in 2007 and the
industrial relations have been reviewed totally and the Workplace Relations Act has been
replaced by Fair Work Act 200931. In this Act, it has been stated that strike can be legalised if
the object of it is to resolve the dispute by way of an amicable agreement32. However, the
right to strike has been legalised in many countries and the United Nations has also declared
28 Ring, Uwe, et al. "Recent mantle degassing recorded by carbonic spring deposits along sinistral strike-slip faults, south-
central Australia." Earth and Planetary Science Letters 454 (2016): 304-318.
29 Rainford, John. "Qantas attacks the right to strike." Green Left Weekly 1049 (2015): 8.
30 Creighton, Breen, Catrina Denvir, and Shae McCrystal. "Strike ballots and the law in Australia." (2017).
31 Pekarek, Andreas, and Peter Gahan. "Unions and collective bargaining in Australia in 2015." Journal of Industrial
Relations58.3 (2016): 356-371.
32 Creighton, Breen, Catrina Denvir, and Shae McCrystal. "Strike ballots and the law in Australia." (2017).

18LABOUR LAW
the right as a fundamental rights of the labours and the workers by which they can promote or
defend their interest. This right has been recognised by the International Labour Organisation
too. According to Professor Andrew Stewart, the right to strike must be legalised. In the
developed countries like USA or UK, strike is one of the essential instruments of the workers
that protect their interest. Strike must be legalised as there are many reasons laid down there.
First of all strike enhances the chances of better working criteria. It helps to promote
collective demands in case of industrial occupation33. Further, the financial and social policies
are resolved to certain extent by the process of strike.
33 Wang, Tianyu, and Fang Lee Cooke. "Striking the balance in industrial relations in China? An analysis of court decisions
of 897 strike cases (2008–2015)." Journal of Industrial Relations59.1 (2017): 22-43.

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Reference:
Alexander, Charlotte, and Anna Haley‐Lock. "Underwork, Work‐Hour Insecurity, and A
New Approach to Wage and Hour Regulation." Industrial Relations: A Journal of Economy
and Society 54.4 (2015): 695-716.
Bellia Jr, Anthony J., and Bradford R. Clark. "The Original Source of the Cause of Action in
Federal Courts: The Example of the Alien Tort Statute." Virginia Law Review (2015): 609-
689. (cause of action)
Bradley, David H. "The Federal Minimum Wage: In Brief." (2017). (minimum wage rate)
Buchanan, John, and Damian Oliver. "‘Fair Work’and the Modernization of Australian
Labour Standards: A Case of Institutional Plasticity Entrenching Deepening Wage
Inequality." British Journal of Industrial Relations 54.4 (2016): 790-814. (defending
provision for unfair dismissal)
Clibborn, Stephen. "Why undocumented immigrant workers should have workplace
rights." The Economic and Labour Relations Review 26.3 (2015): 465-473. (unfair dismissal)
Creighton, Breen, Catrina Denvir, and Shae McCrystal. "Strike ballots and the law in
Australia." (2017).
Davis, Kelsey. "A Critical Analysis of ‘Genuine Redundancy’Cases Under the Fair Work Act
2009 (Cth)." (2014).
Farbenblum, Bassina, and Laurie Berg. "Migrant workers’ access to remedy for exploitation
in Australia: the role of the national Fair Work Ombudsman." Australian Journal of Human
Rights (2017): 1-22.

20LABOUR LAW
Forsyth, Anthony, et al. "Establishing the Right to Bargain Collectively in Australia and the
UK: Are Majority Support Determinations under Australia’s Fair Work Act a More Effective
Form of Union Recognition?." Industrial Law Journal46.3 (2017): 335-365.
Freedland, Mark, et al., eds. The contract of employment. Oxford University Press, 2016.
(remedies)
French, Ben, Maree Veronica Boyle, and Olav Muurlink. "Workplace Bullying in Australia:
The Fair Work Act and its impact." New Zealand Journal of Human Resource
Management 14.2 (2014): 69-81.
Frey, Diane F. "Conflict over Conflict: The Right to Strike in International Law." Global
Labour Journal 8.1 (2017).
Hood, Jack, Benjamin Hardy Jr, and Lauren Simpson. Workers' compensation and employee
protection laws in a nutshell. West Academic, 2016.
Hood, Jack, Benjamin Hardy Jr, and Lauren Simpson. Workers' compensation and employee
protection laws in a nutshell. West Academic, 2016.
Izzo, Luis. "Employment: The casual conundrum: Casual employment in the fair work
world." LSJ: Law Society of NSW Journal 21 (2016): 82. (gen protection)
James, Natalie, and Fair Work Ombudsman. "Commonwealth of Australia." (2015).
James, Natalie, and Fair Work Ombudsman. "Commonwealth of Australia." (2015).
Joyce, Simon. "Why are there so few strikes." International Socialism 145 (2015): 5.
Kavanagh, Megan, and Emily McRae. "Employment law: Protecting vulnerable workers
amendment to fair work act." Governance Directions 69.4 (2017): 241. (payslip)

21LABOUR LAW
Layton, Robyn, Meg Smith, and Andrew Stewart. "Equal remuneration under the Fair Work
Act 2009." (2014).
Leyton, Jorge. "The Right to Strike as a Fundamental Human Right: Recognition and
Limitations in International Law." (2017). (strike)
Molina, Luz M., Andrea M. Agee, and Erika A. Zucker. "Vulnerabilities of Low-Wage
Workers and Some Thoughts on Improving Workplace Protections: The Experience of the
Workplace Justice Project." Loy. J. Pub. Int. L. 17 (2015): 215.
Pekarek, Andreas, and Peter Gahan. "Unions and collective bargaining in Australia in
2015." Journal of Industrial Relations58.3 (2016): 356-371.
Pekarek, Andreas, et al. "Old game, new rules? The dynamics of enterprise bargaining under
the Fair Work Act." Journal of Industrial Relations 59.1 (2017): 44-64.
Rainford, John. "Qantas attacks the right to strike." Green Left Weekly 1049 (2015): 8.
Ring, Uwe, et al. "Recent mantle degassing recorded by carbonic spring deposits along
sinistral strike-slip faults, south-central Australia." Earth and Planetary Science Letters 454
(2016): 304-318.
Seaforth, Rachael. "Casual workers' rights and employer obligations." Bulletin (Law Society
of South Australia) 38.11 (2016): 38.
Selwyn, Norman M., and Astra Emir. Selwyn's law of employment. Oxford University Press,
USA, 2014.
Southey, Kim. "UNFAIR DISMISSAL FOR AUSTRALIAN WORKERS: THE
HUNDRED-YEAR JOURNEY." Asian Academy of Management Journal 20.1 (2015).

22LABOUR LAW
Wang, Tianyu, and Fang Lee Cooke. "Striking the balance in industrial relations in China?
An analysis of court decisions of 897 strike cases (2008–2015)." Journal of Industrial
Relations59.1 (2017): 22-43.