Workplace Law | Employment Contract Law

Executive Legal on what you need to know about Employment Contract Law

When employed by a company, it is natural for an employee to have a contract of employment. This contract will contain the terms and conditions set by their employer. All employees in Australia are covered by a common employment contract law that can protect them in case any issue arises. As an employee, your contract is subject to the requirements of the Fair Work Act 2009 (Cth) and in some special cases, according to the workplace law, it will also be subject to the state and territory government legislative requirements.

Employment Contract Law: About Agreements

There are different kinds of agreements which fall under employment contract law, some of these include the following:

  • Workplace or Enterprise Agreement – This is a statement that encompasses reciprocal rights and responsibilities that is agreed upon by an employer and a group of employees. These agreements are meant to allow employers to set conditions that are customised and tailored to fit the needs of their company. The conditions of this type of agreement will apply on top of the conditions that are required by the National Employment Standards.
  • Award – This is a legal instrument often utilised by an industrial tribunal. That said, some industries and jobs set the employment condition out in an award. This sets out employment conditions that only apply to specific industries or occupations. 
  • Independent Contractor Agreement – This type of agreement is for individuals who are self-employed. This means that they contract their services to other companies or businesses. Independent contractors have different rights compared to other employees.

To understand your rights better as an employee or if you are having issues understanding the employment contract law, you should get in touch with a workplace lawyer or workplace law firm. They can assist you not only in understanding your rights but also in understanding the terms and conditions in your contract.

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