Territory and Commonwealth Legislation

Based on the contribution of Craig Dowling and Neill Campbell for The Law Handbook 2016, published by Fitzroy Legal Service, originally amended by ClareMcKenzie for the NT Law Handbook, as amended by Bradley Allen Love Lawyers, Canberra, by Gabrielle Sullivan, May Oboodi and Robert Allen and current to March 2018.

In addition to the Fair Work Act, the Federal Government, along with its state and territory counterparts, has enacted specific legislation that touches on employment rights and obligations. Sometimes this legislation is specific to employment, but often the legislation is generally applicable with implications for employment relationships.

Typically, these pieces of legislation will address specific issues. Examples include privacy law, anti-discrimination protections and specific employment rights such as long service leave or superannuation.

In the ACT, employees and employers are subject to legislation enacted by the Commonwealth Parliament, in addition to legislation enacted by the ACT Legislative Assembly.

Australian Capital Territory Legislation

ACT legislation regulates employment arrangements in the ACT. As at the time of publication, the list of ACT legislation that applies to employees in the ACT includes the following:

• Work Health and Safety Act 2011
• Information Privacy Act 2014
• Public Interest Disclosure Act 2012
• Working with Vulnerable People (Background Checking) Act 2011
• Workplace Privacy Act 2011
• Long Service Leave Act 1976
• Holidays Act 1958
• Discrimination Act 1991
• Territory Records Act 2002

In addition to this legislation, members of the ACT Public Service (ACTPS) are also subject to:

• Public Sector Management Act 1994
• Public Sector Management Standards 2016

ACTPS employees must also adhere to the ACT Public Service Code of Conduct 2012, which can be found on the Chief Minister, Treasury and Economic Development Directorate website http://www.cmd.act.gov.au/.

Commonwealth Legislation

In addition to the Fair Work Act, as at the time of publication, the list of Commonwealth legislation that applies to employees includes the following:

• Work Health and Safety Act 2011
• Privacy Act 1988 (which applies to most government agencies, all private sector and not-for profit organisations with a turnover of more than $3 million, all health service providers and some small businesses)
• Workplace Gender Equality Act 2012
• Superannuation Guarantee Charge Act 1992 and the Superannuation Guarantee (Administration) Act 1992

Members of the Australian Public Service are also subject to the following legislation and legislative instruments:

• Public Service Act 1999
• Public Service Regulations 1999
• Australian Public Service Commissioner's Directions 2016