Australian labour law is a complex matter. Australia is a Federation that comprises six states (Queensland; New South Wales; Victoria; South Australia; Western Australia and Tasmania). It’s legal framework is made up of federal law and state law, which means that labour legislation can vary between different states and territories. Employers doing business across Australia will need to be aware of these variations and understand the impact on their businesses.
The main legislation governing employment law at Federal level is the Fair Work Act 2009. It is not uncommon in Australia for there to be competing interests and conflicts between Federal law and State law and in such situations, the general rule is that the Federal will prevail.
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