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Information bought to you by business entry point in partnership with Federal,
State and Territory Governments.
Business Entry Point
Employing People
Employing staff for your small business carries certain legal responsibilities with
respect to your employees. This page provides information and links regarding your
obligations as an employer in relation to your employees' awards, wages and
conditions of employment, workplace safety and dismissal.
Federal Government
Anti-discrimination
All states and territories in Australia have equal opportunity or anti-discrimination
legislation and all Australians have the protection of both federal and their local state
or territory anti discrimination laws.
Federal and State Law
This is a summary of human rights, anti-discrimination and equal opportunity
legislation in Australia.
The Human Rights and Equal Opportunity Commission
The Human Rights and Equal Opportunity Commission investigates discrimination on
the grounds of race, colour or ethnic origin, racial vilification, sex, sexual harassment,
marital status, pregnancy or disability.
Information for Employers
This site provides information to assist employers in understanding their rights and
responsibilities under human rights and anti-discrimination law in Australia. The
employers' page shows that by implementing these obligations, employers can
improve productivity and increase efficiency.
Apprenticeships and Trainee Ships
New Apprenticeship Scheme
The Scheme offers financial assistance for eligible employers to help reduce the real
cost of training. Incentives and subsidies from $1,375 are available. For information
on how to access these incentives and subsidies and the full range of incentives
employers may be eligible for, contact a New Apprenticeship Centre in your region.
Awards
Awards outline the rights and obligations of employers and the legally binding
minimum wage rates and employment conditions for employees. In the ACT, NT and
Victoria, federal awards apply. In the other states, employers and employees can be
covered by either a federal or state award, sometimes both.
Awards
Wagenet provides an explanation of the difference between federal and state awards.
Wagenet
WageNet provides information about wages and conditions of employment in
Australia for work that is covered by federal awards and agreements. This page
also provides answers to some of WageNet's frequently asked questions.
WageLine
If you are unsure of your award coverage or how to find the workplace relations
information you are seeking, contact WageLine in your state or territory.
Australian Workplace Agreements
An Australian Workplace Agreement (AWA) is an individual agreement between an
employer and an employee about their terms and conditions of employment.
Employers must find out which federal or state award, or awards, cover the work
done by their employees in order to make an AWA.
Making a AWA – A how-to guide
This site provides information about the AWA process, checklists, summaries and
tips on where to go for assistance for employers who have decided to make AWAs in
their workplace.
AWA online
AWAonline now has an online lodgement facility for Australian Workplace
Agreements. Registered users can save and store AWAs. Browse AWAonline to
register, or phone the AWA help line on 1300 131 090.
Certified agreements
A certified agreement is a collective agreement between an employer and a union
representing employees, or between an employer and a group of employees. If a
certified agreement made under the former Industrial Relations Act 1988 is in
operation at a workplace, whether or not it has passed its nominal expiry date, the
employer and employees are able to enter into AWAs. Any AWAs would prevail over
the certified agreement to the extent of any inconsistency. If the employer and
employees want to completely displace the old certified agreement, they would have
to make this clear in their AWA.
Employer Rights and responsibilities
Employers and employees have certain obligations or duties to each other under
common law. Statutes and their accompanying regulations also determine rights and
obligations of employers and employees. These obligations or duties are regarded as
legal standards of behaviour in the employment relationship.
A Guide to Employers Rights
This is a plain English guide for employers explaining key areas of the law relating to
industrial action, freedom of association and union right of entry to a business, and
the rights and the remedies available.
Unravelling the Threads – Who is or is not an Employee?
If you operate a small business, or if you are thinking of starting one, you will need to
know about your obligations to employees and other people who perform work for
you. This guide will help you understand some of the most common areas of federal,
state and territory legislation which cause confusion for employers.
Workplace Advisory Centre
The service offers employers and employees free personalised information about
opportunities and choices in the federal workplace relations system. Advisers can
assist with a range of topics such as workplace conditions, pay increases and flexible
work arrangements. Information on implementing a workplace agreement is also
available.
Employing Staff
Australian Immigration Guide on Work rights
This guide is designed to help Australian employers check the work rights of people
visiting Australia, and offers information about the issue of illegal workers in Australia.
Australian Immigration – Information for Australian Employers
The Department of Immigration & Multicultural & Indigenous Affairs offers assistance
to Australian employers dealing with people already in Australia who MAY have the
right to work while on their visit. You can call the employer information hotline on
1800 040 070 for enquiries about work rights issues, reading visas and new warning
notices.
Australian Job Search
Australian Job Search provides free services to employers to help them find the right
staff for their jobs - employers need to register on this page to access services that
include a resume bank and free advertising of job vacancies.
Employer Hot Line
This is a free service to assist all employers wishing to lodge vacancies or find out
further information about the benefits of Australian Job Search and Job Network.
Phone 13 17 15.
Job Network
Job Network is a national network of around 200 private, community and government
organisations that can help get the right person for the job. They may also be able to
assist with wage subsidies, training or other support.
Wage Assistance
Wage Assistance provides subsidies to Australian employers who give ongoing jobs
to eligible Indigenous job seekers. Please note that jobs must meet certain criteria.
Go to the Wage Assistance website to find out how to apply for Wage Assistance
online and to download an application form.
Ending Employment
Employment ends when an employee resigns, is made redundant or is dismissed by
an employer. A dismissal is unfair when it is "harsh, unreasonable or unjust". There
are both federal and state laws governing unfair dismissal. States and territories have
publications outlining whether a termination is lawful and whether the reasons for
termination are valid and fair considerations.
ETPs – A Practical Guide for Employers in Meeting Your Obligations to Employees who stop Working for you
This Australian Taxation Office guide offers practical help to employers regarding
lump sum payments, eligible termination payments (ETPs), to employees who stop
working for you.
For further information phone the Superannuation Info line on 13 10 20.
Fair Dismissal Laws for Small Business
The Federal Government has responded to the workplace relations concerns of small
business by changing the unfair dismissal laws so that small businesses can now be
more confident when offering new jobs.
Key Features of the Workplace Relations Act 1996
The Workplace Relations Act 1996 provides employees and their employers with the
opportunity to make employment arrangements best suited to the needs of their
enterprises or workplaces. Workplace Relations Amendment Regulations are listed
on the Australian Workplace website.
Tax Arrangements for Employees and Other Workers
If your business has employees you are required to deduct tax from their pay,
provide them with payment summaries, contribute to their superannuation, and report
and make payments to the ATO.
Determine the Status of Your Workers
It is important to determine the status of a worker for tax purposes as there are
different obligations under PAYG depending on whether the worker is an employee,
labour hire worker or independent contractor under a voluntary agreement.
Contractors also have obligations under PAYG.
Employees and Other Workers Checklist
If your business has employees you need:
• To register for PAYG withholding (if you're not already registered)
• Withhold amounts from salary and wages and pay them to the ATO
• Contribute to your employees' superannuation
• Report and pay FBT (if you pay them fringe benefits).
If your business engages contract workers they are required to provide for their
income tax liability through PAYG instalments, or you may enter into a voluntary
agreement to withhold amounts on their behalf. If your business acts as a labour hire
firm to provide people to work for others, you need to withhold from payments to the
workers
Fringe Benefits Tax – a guide for employers 2002
This guide is designed to help employers meet the requirements of the Fringe
Benefits Tax (FBT) legislation.
Labour Hire Arrangements
Labour hire arrangements commonly involve at least two contracts. A user of labour
(the client) typically contracts with a labour hire firm for the provision of labour of a
specified kind. The labour hire firm does not contract to perform the work; it merely
contracts with the worker and pays the worker. The worker is not an employee of the
client and there is no contract between the worker and the client. The worker may or
may not be an employee of the labour hire firm.
PAYG Withholding for Employees
If you have employees, you're required to deduct tax from their pay and send the
deducted amounts to the ATO. This process is called 'withholding' and is done using
the PAYG withholding. As a new employer, you must register with the ATO before
you withhold from payments to your employees. You can register for PAYG
withholding by completing a form (which can be sent to the ATO in paper or
electronic form) or by contacting the ATO on 13 28 66.
Superannuation for Business
Employers must provide a minimum level of superannuation support for their
employees. Employers can do this by either making sufficient contributions into a
fund that meets Government rules, or paying a charge to the Australian Taxation
Office. You can call the ATO superannuation helpline on 13 10 20.
Workplace Safety
As an employer, you have duties under occupational health and safety laws. You
must provide and maintain a working environment that is safe and without risks to the
health of employees while they are at work. You must also ensure that people who
aren't your employees are not exposed to health or safety risks arising from the work
being done.
OH & S Guide for Employers
This plain English guide by the National Occupational Health and Safety Commission
provides advice to small business owner/operators about their occupational health
and safety duties. Choose the appropriate state or territory to help you find out what
you need to know about your OH&S duties.
Transaction Manager
Find your government forms, applications and payments in one convenient location.
Transaction Manager provides centralised access to a range of federal, state and
local government transactions including Australian Business Number (ABN)
registrations, permits and licence applications, rates payments and business name
renewals.
State and Territory Governments
South Australia
Awards – WageNet SA
In South Australia employers and employees can be covered by either the federal or
state industrial relations systems, or they may be award free.
Employer Information Guide for Employing new Employees
A guide to assist employers when taking on new staff.
Equal Opportunity Commission of South Australia
This website provides information for employers and service providers on managing
equal opportunity in the workplace.
SA New Apprenticeships
Contains information useful to prospective, current and those apprentices and
trainees who have completed their contract of training, employers, training providers,
national companies and other state training authorities.
Unfair Dismissal – A guide to Employers
This guide deals with the South Australian legislation relating to unfair dismissal and
also provides information about employment practices that can minimise the
possibility of a claim being lodged.
Work Cover Corporation of South Australia
It is compulsory for all employers to insure for workers' compensation liability.
Workers' compensation is covered by separate state and territory legislation.
Phone 13 18 55 for more information.
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