Legislation is the formal term generally used to described laws collectively.

Laws that impact upon the operations of the workplace and the regulation of the relationship between employers and employees are frequently referred to as workplace legislation.

There are various federal and state laws that impact upon the operation of the workplace.

The Fair Work Act 2009 is one of the key workplace relations laws in Australia.

The purpose of employment law is to regulate the relationship between employers and employees,

Different legislation regulates employment in different ways.

Legislation mandates that businesses comply with its terms and conditions. Businesses that do not comply with the relevant obligations may be liable for penalties.

In addition to the financial repercussions, non-compliance can also tarnish the professional image and reputation of a business.

There is an array of both state and federal laws that regulate various aspects of the employment relationship.

Each piece of different legislation outlines who is covered. Most employers are covered by employment legislation.

In regards to employment, most employers are regulated at a federal level by the Fair Work Act 2009. However, other employment matters such as workplace health and safety, discrimination and long service leave are either regulated by state laws or a combination of state and federal laws.

Most employees engaged in the private sector are covered by the national workplace relations system. If an employee is covered by the national workplace relations system, then the minimum employment standards are set by the Fair Work Act 2009.

The Fair Work Act 2009 sets out National Employment Standards (NES). These are the 10 minimum workplace entitlements that must be provided to all employees.

The National Employment Standards cover the following:

• Maximum weekly working hours
• Requests for flexible working arrangements
• Parental Leave
• Annual Leave
• Personal / carer’s leave, compassionate leave and family and domestic violence leave;
• Community service leave
• Public holidays
• Notice of termination and redundancy pay
• Provision of a Fair Work Information statement

The National Employment Standards (NES) were written to provide protection for employees in the national workplace relations system.

An employee falls within the national system if they:

• work for a constitutional corporation;
• work in Victoria, the Australian Capital Territory and the Northern Territory (unless they are engaged in law enforcement or the public service);
• work in the private sector in New South Wales, Queensland or South Australia; or
• work in the private sector or local government in Tasmania.

An employee will not be covered by the national workplace relations system if they:

• work in the state public sector or for a non-constitutional corporation in Western Australia;
• work in the state public service in New South Wales, Queensland or South Australia; or
• work in the state sector in Tasmania.

The National Employment Standards cover the following:

• Maximum weekly working hours
• Requests for flexible working arrangements
• Parental Leave
• Annual Leave
• Personal / carer’s leave, compassionate leave and family and domestic violence leave;
• Community service leave
• Public holidays
• Notice of termination and redundancy pay; and

Provision of a Fair Work Information statement.

The National Employment Standards includes rules and regulations surrounding the following:

• Maximum weekly working hours
• Requests for flexible working arrangements
• Parental Leave
• Annual Leave
• Personal / carer’s leave, compassionate leave and family and domestic violence leave;
• Community service leave
• Public holidays
• Notice of termination and redundancy pay; and
• Provision of a Fair Work Information statement.

Workplace health and safety legislation regulates health and safety in the workplace.

The purpose of workplace health and legislation is generally to protect the health, safety and welfare of workers and other people who might be affected by the way in which work is performed. Accordingly, the scope of the legislation may extend beyond staff to contractors and may even apply to members of the public such as visitors and customers.

The Australian Capital Territory, New South Wales, the Northern Territory, Queensland, South Australia, Tasmania and the Commonwealth have implemented model work health and safety laws to protect the health and safety workers and improve safety outcomes in workplaces.

Western Australia and Victoria have their own legislation in respect of work, health and safety.

Health and safety legislation is important as it not only serves to protect the health and safety of workers but improve safety outcomes across the board.

The legislation is important because it serves to protect workers from disease and infirmity. The impact of accidents and illness impact society more broadly. Accordingly, it is societies best interests to promote safety in the workplace.

Health and safety is important to businesses as it can impact upon productivity, reputation, morale and costs of doing business.

Although precise responsibilities may vary depending on which state the employer is based, generally an employer has a duty of care towards their staff and are responsible for health and safety in the workplace.

An employer is also likely to have the responsibility to consult with workers who will be affected by health and safety changes in the workplace and to perform ongoing due diligence. This requires an employer to continuously review and update risk management and safety protocols and stay abreast of changes to health and safety.

A safety procedure is a plan of how to perform a work procedure. Usually it is set out step by step and used in circumstances whereby deviation from procedure could result in an employee sustaining an injury. Such procedures are usually outlined in writing and used as a guide for all staff when performing a particular task.