The federal industrial relations system applies to most Australian employers and their employees, including those in New South Wales. The main federal legislation that governs employment law in NSW is the Fair Work Act 2009 (FW Act).
All states except for Western Australia have referred their industrial relations powers relating to private industry to the Commonwealth, with the intention of creating a national IR system. This means employees of all private industry businesses (whether incorporated or not) in New South Wales are covered by the Fair Work Act. Employees of government agencies, for example local councils and the State public service, remain covered by the NSW Industrial Relations Act 1996.
National system employers include both trading corporations and unincorporated businesses that are subject to state referral.
The Fair Work Act 2009 commenced on 1 July 2009. The modern award provisions and National Employment Standards commenced on 1 January 2010.
Legislation regarding employment in NSW
The following laws apply to NSW workplaces.
The NSW Long Service Leave Act 1955 provides full-time, part-time and casual workers in NSW to two months (8.6667 weeks) paid long service leave on completion of 10 years' service with the same employer and one month of paid leave for each additional five years' service.
The Act also provides for a pro-rata entitlement after five years, if an employee resigns as a result of:
- illness,
- incapacity or
- domestic or other pressing necessity.
Under the Public Holidays Act 2010, the governor may, by proclamation published in the Gazette, appoint a special day or part of a special day to be observed generally as a public holiday or half-holiday throughout New South Wales.
Examples of 'public holidays' include New Year’s Day, Christmas Day, Good Friday and Australia Day.
An appointed local holiday under the Act benefits employees who have an industrial award, agreement or contract of employment which confers a right of paid absence (or penalty rates in lieu) on the local public holiday.
Holidays proclaimed under the state legislation are recognised as a public holiday for the purposes of the Fair Work Act.
Anti-Discrimination Act 1977
The Anti-Discrimination Act’s purpose is to render unlawful racial, sex and other types of discrimination in certain circumstances and to promote equality of opportunity between all persons.
The Act prohibited race and sex discrimination in the areas of employment, the provision of goods and services and accommodation.
This legislation has general application to all employers and employees in NSW.
Industrial Relations (Child Employment) Act 2006
The Industrial Relations (Child Employment) Act 2006 regulates the employment of children in NSW.
Read more about Child employment.
NSW Workers Compensation Act 1987
The NSW Workers Compensation Act 1987 outlines the compensation and rehabilitation of workers in respect to work-related injuries.
Read about Workers comp.
