The employee must obey all lawful directions of their employer and perform their duties with diligence and honesty. The employer, to fulfil their obligations under employment law. http://www.abclegal.com.au
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Employers must keep informed about industrial and employment law
1. Employers Must Keep Informed About Industrial and Employment Law
Employment and industrial workplace laws were developed over time as a response to the appalling working conditions
endured by most working class people throughout the industrialised world. Through many years of struggle and turmoil, it was
finally recognised that a workforce was much more productive when the employer provided some basic improvements to
working conditions. As a result the workers received adequate wages, safe working conditions, regular breaks from their tasks,
and paid annual leave to recharge their batteries.
In Australia, employment law has historically been governed by federal and state laws and the awards created under those
laws. Reform of the system has been ongoing in one way or another, but the biggest reform of the industrial system took place
as at 1 January 2010. After years of having separate laws, all of the states and territories, except Western Australia, handed
over their powers, to make industrial legislation, to the federal government.
State laws no longer apply to employers in the private sector and there is now only one federal award that applies to all
national system employers. The federal laws also introduced a set of ten minimum standards, called the National Employment
Standards, which apply to all employees regardless of whether they are covered by an award or a workplace agreement. Most
of these standards have been incorporated into all modern awards, which applied as from 1 January 2010.
Many Employers Ignorant of Industrial Laws
Employers are required by law to apply these awards to their workplaces and ensure that their employees are receiving the
wages and entitlements set down in the awards. It is surprising, however, that when surveyed, many employers had little
knowledge of industrial and employment law and how it applied to their business. The extent of this lack of knowledge depends
on the industry, with manufacturing, mining, engineering and business much more informed about their legal obligations than
others such as hospitality and personal services.
Employers need to keep themselves informed and apply the correct award conditions to their employees. Failure to do so could
place them at serious risk of having to defend a claim such as unfair dismissal, disputes over wages, redundancy, termination of
employment and many others. This would require them to engage a specialist in workplace law Sydney to defend them,
incurring costs and creating a major disruption to their business.
How a Contract of Employment is Created
When an employer hires an employee, the simple act of signing a letter of appointment creates a contract of employment
between the two parties. The employee must obey all lawful directions of their employer and perform their duties with
diligence and honesty. The employer, to fulfil their obligations under employment law, must ensure that their employees
receive their correct entitlements under the industrial arrangements in place for that workplace.
There are other laws that govern employment conditions. Among these are occupational health and safety, anti-discrimination,
sexual harassment and workplace bullying. Having sound management systems and policies in place to prevent these kinds of
incidents is the minimum that employers must do to protect their employees. Ignorance of the law is not a defence, and
business owners and managers must bring themselves up to date with industrial and employment law to protect themselves,
their business and of course, their employees. Click here for more information.
http://www.abclegal.com.au/