Laws that apply to me

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How will the recently announced ‘JobKeeper’ payment affect me?

The current COVID-19 pandemic threatening not only people’s health but also their livelihoods. An estimated 1 million people are expected to lost their jobs due to the Government’s strict social distancing rules and the shutting down of businesses to ‘flatten the curve’. In an attempt to mitigate the damage workers across the country are facing, the Morrison Government announced a measure called the ‘JobKeeper’ payment. So what does this mean for employees?

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I primarily work in Victoria but am employed by an interstate company. What are my employment rights?

The Fair Work Act 2009 is the key legislative instrument regulating employment in Australia. There are, however, certain employment-related matters beyond the scope of the Fair Work Act 2009 that continue to be governed at the State and Territory level.

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Do I have to work on a public holiday if my employer requests me to?

While an employee is not obliged to work on a public holiday an employer may make a reasonable request for an employee to come in. When requesting that an employee work on a public holiday, employers need to consider all relevant circumstances.

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What are employee’s rights regarding attending climate strikes?

In short, employees do not have the right to unilaterally leave work and attend a climate strike.

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I work for the Victorian Public Sector and my position has just been declared a surplus. What are my rights? Will I be offered a Targeted Separation Package?

The declaration of a surplus of positions to departmental requirements is not to be used by the Department to deal with unsatisfactory performance or conduct, and you should not be unlawfully discriminated against.

What can I claim in a general protections application (not involving dismissal)?

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Do I have the same employment rights as an Australian citizen if I am on a Temporary Skills Shortage Visa?

Being on a Temporary Skills Shortage Visa doesn’t afford you any less protection at work compared to an Australian citizen. As long as you have a valid visa, you can refer to rights stipulated under the Migration Act 1958 and the Fair Work Act 2009.

Can I send or take work related information home?

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Do Enterprise Agreement votes need to be private?

An employer may request that any employee that is covered by a proposed enterprise agreement, approves the agreement by voting for it. The Fair Work Act 2009 (Cth) provides that an employer cannot request an employee to vote on an enterprise agreement until the employer has met 3 requirements.

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My employer has decided not to renew my fixed-term contract. Do I have any legal recourse?

There are certain circumstances where employees on a fixed-term contract are entitled to bring forward an unfair dismissal claim. If you feel discriminated against, read on.

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My company has lost a tender for a project I was employed under, am I entitled to a redundancy?

When an employee is hired for the purpose of a particular contract, loss of that contract can often result in loss of job, without redundancy.

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I am dealing with family and domestic violence and it is impacting my ability to effectively function at work. What can I do?

Changes entitling employees to take unpaid family and domestic violence leave are in effect from 1 August 2018.

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What does the Long Service Act 2018 mean for me?

Important changes have come into place under the Long Service Leave Act 2018 (Vic).

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My employer has changed my regular hours of work. What are my legal rights?

If an employer is seeking to change your working hours, they must ensure they are acting within the confines of the law. This includes adhering to contractual obligations, engaging in appropriate consultation and ensuring that the change is not a result of any discriminatory reasons.