Part 2 – Want to employ workers in Australia as an international business?
Last week we spoke about the challenges many international businesses face when it comes to international businesses wanting to employ workers in Australia. There is a long, seemingly endless list of requirements an employer must adhere to when hiring workers on Australian soil, and one wrong move could land businesses in a lot of trouble.
- Minimum rights and entitlements
- Minimum pay rates
- Enterprise Agreements
- National Employment Standards (NES)
This week we’re going to talk about all remaining requirements on the Fair Work Information Statement that must be addressed if you’re an international business who is, or would like to, hire in Australia. Such as:
If you wish to employ workers in Australia, they have a right to request flexible working hours according to NES law if
- They’re a parent or sole guardian of a child
- They’re the sole carer of someone with a disability or who has a medical condition
- They have a disability themselves
- They’ve been experiencing domestic violence
You can only refuse a request as a business owner for flexible working hours under reasonable business grounds, to be determined by Fair Work.
All the rules are regulations are enough to make your head explode – we get it. But by partnering with Australia PEO services, we will work together to ensure you comply with all of the above.
Protection from discrimination:
You are not legally allowed to take “adverse action” against your employee in any way, regardless of whether they’re a casual, full-time or part-time employee. Such actions include:
- Show contempt or dismay upon an employee making a complaint to the Fair Work Ombudsman.
- Show contempt or dismay when an employee carries out their leave entitlements or flexible work agreements.
- Take an adverse reaction to an employee who’s exercised their right to freedom of association, such as becoming a member of a union.
It doesn’t stop here; like all Fair Work regulations, the list of anti-discrimination rules is long. Have you employed workers in Australia but aren’t sure if you or members within your international business are following the country’s strict anti-discrimination laws? By partnering with a Australian PEO agency that’s on Australian ground, you’ll be working with experts in the local market and under local law, who know these rules like the back of their hand.
When you decide to terminate an employee’s contract in Australia, you must adhere to the many regulations that ensure you do so legally. Make sure that you and your HR team have done your homework by ensuring the employee has been paid any outstanding employment entitlements such as wages and accrued leave. If you don’t pay your dismissed staff what they’re owed, they may take legal action against you.
Right of entry:
Not everyone is allowed access inside your business’s building without the permission of you as the business owner or certain office staff. However, on some occasions, a union member may enter your property if:
- They need to speak to an employee whose industrial interest the organisations is entitled to represent
- They suspect a breach of workplace laws
- They suspect a breach of health and safety laws
Are you exhausting resources trying to get your head around entry rights? You don’t necessarily need to concern yourself with this issue if you partner with Australia PEO.
The Fair Work Ombudsman:
“The Ombudsman is an independent statutory agency that promotes harmonious, productive and cooperative workplace relations and ensures compliance with Australian workplace laws.” (more on this here).
The Fair Work Commission:
“The Fair Work Commission is Australia’s national workplace relations tribunal responsible for maintaining a safety net of minimum wages and employment conditions, as well as a range of other workplace functions, including agreement-making, workplace bullying and unfair dismissal. (more information can be found about the Fair Work Commission here).
Are you an international employer who is currently employing in Australia but are not sure if you’re following the correct employment rules? Perhaps you’re an international company wanting to employ workers in Australia, but are yet to take the leap. It’s vital to make sure you’re following the strict employment laws and regulations that the Australian federal government have imposed, in order to make your transition into the Australian market a smooth one. Give us a call today to find out how we can help.
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