preview

Victoria Employment Law

Decent Essays

Employment Law in Victoria If you work in Australia, the key employment standards concerning work hours, the minimum wage, leave, and other conditions are outlined in the Fair Work Act 2009 (Cth) (‘the Fair Work Act’), a federal law that covers many Australia workplaces. However, workers compensation and work health and safety are usually addressed by state legislation. If you are an employee in Victoria, these state-level laws set out your rights relating to discrimination, bullying, injury, compensation, and health and safety at work. Work Health and Safety Laws in Victoria Victoria has its own health and safety laws and to date has not adopted the national framework. These laws apply to most non-Commonwealth workplaces. Your work health …show more content…

Workers have a duty to carry out their work in a way that does not harm their own health or safety or that of others. As an employee, you have a duty to notify your employer of any work-related illness or injury within 30 days of you becoming aware of it. If you are an employer, it’s important you understand your work health and safety duties. These legal obligations include maintaining a safe workplace and ensuring the safe handling of potentially dangerous items. As an employer, you are required to support workers by giving staff sufficient information, training, and supervision to facilitate healthy and safety working conditions. In addition, you need to consult employees on health and safety issues. Under Section 21 of the OHSA, you could be fined up to around $265,000 (individuals) or $1,328,000 (body corporates) for a …show more content…

Victorian law requires employers with more than $7,500 in yearly payroll to maintain WorkSafe insurance for their workers. You are required to do so even if you have only one employee, who may be an apprentice or trainee. The main law for workers compensation in Victoria is the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic). This law covers the claims process, eligibility for compensation, return to work rights, and other workers compensation issues. The law also sets out the process for using the Accident Compensation and Conciliation Service, which is a service you can use to resolve a dispute you have with your employer or employee. Commonwealth employees are covered by a different law for workers compensation. Victorian Bullying Laws Most Victorian employees are protected against bullying in the workplace by the Fair Work Act, but in the state legislation offers additional protection against bullying in any context. Victoria criminalised bullying in 2011. Section 21A of the Crimes Act 1958 (Vic) outlines what can be considered bullying and makes the crime punishable by up to 10 years imprisonment. Making threats, speaking in an abusive manner, or acting in an offensive or abusive manner are some of the things that could be considered bullying under the state law. The Victorian law also includes provisions for internet-based bully or stalking. Discrimination and Equal

Get Access