The Federal Court has jurisdiction over all civil and criminal matters arising in the Fair Work jurisdiction.
- Unlawful termination
- Interpretation & enforcement of Awards
- Offences relating to membership of organisations
- Secret ballots & union elections
- Breaches of union rules
- Recovery of wages
The Federal Circuit Court (previously known as the Magistrate’s Court) deals with small claims under $20,000, as well as is used as an alternative to the Federal Court for the enforcement of awards/agreements and unlawful terminations.
The Remuneration Tribunal deals with the pay, allowances & entitlements (including travel entitlements) for:
- Federal Parliamentarians, including Ministers and Parliamentary office holders
- Judicial and non-judicial offices of federal courts and tribunals
- Secretaries of Departments
- full-time and part-time holders of various public offices
- Principal Executive Officers.
The ACCC has overlapping jurisdiction with much of the work of the Fair Work bodies. However, while most parts are specifically excluded by statute from their responsibility, but some bits fall through the cracks.
There is some argument that Enterprise Agreements that restrict competition such as price fixing, cartels, restriction of acquisition of goods & services to certain suppliers, secondary boycotts (2 or more people preventing a third person from dealing with a fourth person) still come under the responsibility of the ACCC. This has yet to be tested before the courts.
AHRC has responsibility for a number of pieces of legislation that impact on employment.
- Age Discrimination Act 2004
- Australian Human Rights Commission Act 1986
- Disability Discrimination Act 1992
- Racial Discrimination Act 1975
- Sex Discrimination Act 1984
They have a brilliant series of fact sheets to help employers improve their HR practice https://www.humanrights.gov.au/employers/good-practice-good-business-factsheets
The OAIC administers the Privacy Act as it relates to employees and candidates.
The main thing for employers to be aware of is unsuccessful candidates can access any information you have on file about them, including referee reports.
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HR Author and Lecturer with over 25 years’ experience in human resources and workplace relations in Australia. Lead Author of Instant HR Policies & Procedures, NDIS Direct Employment HR Manual, and Employee Performance Reviews: Tips, Templates and Tactics.