Compliance with workplace legislation is not an option. Regardless of your size; 1, 100, or 1000+ employees, you are required by law to ensure you comply with all relevant legislation. This is by no means an easy task; with amendments to existing legislation and introduction of new legislation, creating new obligations for your workplace on a regular basis.

At the Commonwealth level the Fair Work Act 2009 comes into effect on July 1 2009 bringing with it some major compliance obligations for all organizations.

All states and territories have some form of legislation covering discrimination and health and safety, which generally covers the same areas as the federal legislation. In some states there may be other types of discrimination added to those listed above. For example, in Western Australia it is unlawful to discriminate against someone because of a spent criminal conviction. Federal legislation allows state legislation to remain valid and the state legislation operates in a way that does not affect the operation of the federal legislation.

Following is a non-exhaustive list of commonwealth and state Acts your  organization must to comply with:

       •    Fair Work Act 2009 comes into effect from July 1 2009, replacing the
          Workplace Relations Act and Work Choices … learn more

       •    National Employment Standards: The National Employment standards
          provide 10 minimum standards applicable to all employees and
          organizations… learn more

       •    Occupational Health and Safety Acts: … learn more

       •    Equal Opportunity and Anti-Discrimination Acts– Age, Disability, Race,
          and Sex: … learn more

       •    Workplace Relations Acts

Penalties for Non-Compliance

Penalties vary by state and by legislation. As an example in Victoria, the maximum penalty for a general breach of duties of the Health and Safety Act is $943,290* for corporations, and $188,658* for individuals. Under the Fair Work Act 2009, the proposed penalty for breach is $3,300 to $6,600 for each and every offence. Penalties are cumulative in instances where the organization is found in breach of multiple offences. See the Case Study below for further information.

The Solution

Quantum HR can assist your organization to ensure it better complies with all relevant legislative obligations and reduce the risk of substantial damages and harm to employees or others. By conducting a thorough audit of your organisation’s existing policies and procedures, we can quickly and accurately identify where you do and do not comply and assist you through the process toward compliance.  A small investment now, may save you many thousands more in the future. Further, you will have the peace of mind knowing your employees and other stakeholders are better looked after when at work. So don’t take the risk of waiting until something happens, contact the professionals at Quantum HR now!
 

 
Defending a case of sexual harassment of a female employee by two male employees, the organization was found vicariously liable as it did not have a sexual harassment policy or complaints process. Not only did the ordeal have devastating emotional affect on the victim, the organization was ordered to pay in excess of $400k in compensation and substantial legal fees.