Labor law

Labor law

1. The core content of labor (movement) law

[Labour Agreement] In Australia, the working conditions of employees are determined by the following aspects:
(1) Federal agreement, state agreement and registered peace treaty;
(2) the specific terms of the employment contract;
(3) Legislation on employment conditions.
90% of employment in Australia is determined by agreement. The employment contract cannot exclude the terms of the agreement, and employees employed in accordance with the agreement can obtain additional benefits from the employment contract. Agreements generally specify minimum working hours, overtime, sick leave, expenses, and termination of employment, but usually do not include information about the employer.

[Dismissal of work relationship] Australian law strictly limits the dismissal of workers. Business owners must abide by a series of rules when dismissing workers. Both parties to the employment are subject to the notice of termination notice in the contract. Most agreements require a notice period of at least 1 week or a compensatory salary of 1 week, or different notice periods depending on the length of the employment period. The notice period required for middle-level managers and veterans can be as long as 3 months or even 1 year. Correspondingly, employers will require employees to give notice of resignation in advance or request corresponding compensation.

[Remuneration] Employees 'remuneration conditions are jointly determined through workers' benefits agreement and labor agreement. The salaries of managers, administrators and professionals can be determined by separate agreements and market demands signed with the company. Employees are usually paid in monetary terms, and higher-ranking employees also include other benefits. Remuneration regulations usually include minimum wages, overtime pay, severance pay, retirement benefits, etc.
The Australian Fair Work Commission issued a 2013/14 salary ruling, raising the weekly salary standard of 1.5 million low-income earners by 15.8 yuan. In 2013, the Fair Work Commission ruled a salary increase of 17.1 yuan.

[Pension] According to Australian law, employers must pay pensions for employees. Generally, the minimum contribution is 9% of the employee's salary. There are also many companies that pay more than this percentage for their employees, which gives them higher benefits.

2. Regulations for foreigners working locally
According to the Australian Department of Immigration, if an Australian company or an overseas company cannot recruit the required labor force in the Australian domestic labor market, or cannot obtain the required labor force through its own training program, and has to hire workers from overseas to work in Australia, The company can provide guarantees for foreign workers and apply for temporary business visas for foreign workers.
Foreign workers who need to work in Australia for 3 months to 4 years can apply for a long-term temporary business visa, which is a 457 visa. The procedures that must be performed for such a visa include: sponsorship by the employer, nomination by the employer, and visa application by the nominee.

3. Trade unions
[Trade unions] Australia has the Australian National Federation of Trade Unions and the Industrial Union. There are 20 trade unions under the National Federation of Trade Unions, all of which are industrial unions. Australian trade unions are independent social groups that are registered and protected by national law. The purpose of the trade union is to represent and protect the interests of union members, so that they can enjoy better wages, working conditions, suitable working hours and protection of safety and health. Trade unions play an important role in coordinating and resolving labor relations. Through consultation with the government and the role of the two houses, it influences the formulation of relevant government regulations and policies, implements a collective negotiation and negotiation system with employers, and signs collective agreements to protect employees' interests.