
Australian employment law
The Australian Constitution (“the Constitution”) has had a major impact on labour regulation in Australia. For much of the 20th Century, there was a significant division of responsibility for labour matters between the Federal Government and the six States and two Territories. However, following the 2005 Work Choices reforms, the responsibility for labour matters has shifted predominantly to Federal regulation.
The Fair Work Act 2009 (Cth) is the primary legislative source of employment regulation in Australia. The Act contains employment standards and conditions, union regulation, and anti-discrimination protection.
The Australian Government has recently also put in place model laws to harmonise work health and safety legislation across Australia. These laws aim to reduce the incidence of work-related death, injury and illness.
Key Points
Employee rights in Australia are protected and regulated in the following ways:
- The most basic source of employment terms and conditions derives from the employment contract. The contract will contain express terms, and in Australia the courts have recognised some standard terms which will be implied into the contract of employment.
- The Fair Work Act 2009 (Cth) outlines minimum employment standards, including leave, maximum weekly hours, notice of termination and redundancy pay. • Modern Awards set out the minimum conditions of employment for specific industries or occupations, such as rates of pay and allowances.
- Federal and State anti-discrimination legislation affords employees with rights against discrimination, harassment, vilification and victimisation.
- Federal and State work health and safety legislation applies to reduce the occurrence of work-related death, injury and illness.
- State based workers’ compensation legislation provides for compulsory basic insurance of employees who are injured at work. an alliance of employers’ counsel worldwide
- Superannuation Guarantee legislation requires employers to pay contributions to an approved superannuation fund for their employees.
Are you seeking an international employment lawyer in Australia?
Navigating employment laws in any country can be challenging, particularly when managing a global workforce or expanding your operations. L&E Global member law firms specialize in employment and labour law, providing expert guidance tailored to your business needs. Our trusted alliance connects you with experienced local employment lawyer who is well-versed in the intricacies of their jurisdiction.
By partnering with an L&E Global employment lawyer, you gain:
- Specialized expertise in employment, labour, and workplace safety regulations.
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- Practical solutions for hiring, contracts, compliance, workplace disputes, and more.
Contact an L&E Global member law firm today to ensure your business benefits from top-tier employment law counsel in Australia. Your workforce deserves the best.
Your employment law firm:
Harmers Workplace Lawyers
NSW 2000 Sydney
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+61 292 674 322
https://harmers.com.au/
Find out how other countries' Employment Laws compare to those of Australia
Employment lawyers of Harmers Workplace Lawyers, Australia

Memberships
- Solicitor by the Supreme Court of NSW
- High Court Register of Practitioners
Education
- University of New South Wales (UNSW) – Bachelor of Laws (2019)
- University of New South Wales (UNSW) – Bachelor of Psychological Science (2019)
Lauren Brouwer-French
- Phone
- +61 2 9993 8537
- Lauren.Brouwer-French@harmers.com.au
- Address
-
31 Market Street
Level 27, St Martins Tower
NSW 2000
Sydney
Australia
+61 2 9993 8537
https://harmers.com.au/
- Languages
- English
Lauren graduated from the University of New South Wales (UNSW) with a Bachelor of Laws and Bachelor of Psychological Science.
She joined Harmers as a paralegal and was later admitted as a Solicitor by the Supreme Court of NSW. She is also listed in the High Court Register of Practitioners.
Lauren has experience across a broad range of employment law matters, including unfair dismissal and general protections claims, whistleblower matters, sexual harassment and discrimination, and work health and safety. She has extensive litigation experience, having acted for clients in complex matters before the High Court of Australia, the Full Court of the Federal Court of Australia, the Federal Court of Australia, and various State Courts, Courts of Appeal, and Tribunals.
Lauren acts for both corporate and individual clients and is well placed to provide strategic, day-to-day advice on a range of employment-related issues.
She was recognised as a finalist in the Australian Lawyers Weekly 30 Under 30 Awards in the category of Employment and Workplace Relations, Health and Safety.
Publications from Australia

Memberships
- Solicitor of the Supreme Court of NSW
- High Court Register of Practitioners
Education
- University of Technology Sydney – Bachelor of Laws and Business
Mariam Chalak
- Phone
- +61 2 9267 4322
- Mariam.Chalak@harmers.com.au
- Address
-
31 Market Street
Level 27, St Martins Tower
NSW 2000
Sydney
Australia
+61 2 9267 4322
https://harmers.com.au/
- Languages
- English, Arabic
Mariam graduated from the University of Technology Sydney obtaining a Bachelor of Laws and Business (majoring in accounting). Mariam is admitted as a Solicitor of the Supreme Court of NSW and is also listed in the High Court Register of Practitioners.
During her studies, Mariam worked as a law clerk, and on her admission, a solicitor, for a boutique law firm practicing in employment law and corporate law. This role allowed Mariam to practice in a wide range of areas in employment law for both employer and employee clients. Mariam developed her legal skills and ability to manage a large volume of clients across all areas of employment law.
Mariam enjoys assisting clients in all areas and has a particular interest in unfair dismissal, adverse action and breach of contract claims. She also enjoys guiding employers and employees through day-to day employment issues.
As a member of the Harmers L&E Global international client service team, Mariam also assists multinational organisations with their Australian employment law needs.
Publications from Australia

Memberships
Michael Harmer is the President of the Australian Institute of Employment Rights
Awards
- 2022 Client’s Choice exclusive winner in Australia for “Labour & Employment Law”
- 2022 Australasian Lawyer “Law Firm Leader of the Year – Excellence Award”
- 2022 Lawyer Monthly Legal Awards category winner – “Employment Law – Australia”
- 2022 Who’s Who Legal – Recommended Lawyer – Labour Law Global Guide
- 2022 Who’s Who Legal – Recommended Lawyer – Australia & New Zealand – Labour, Employment & Benefits
- 2021 & 2020 Australian Lawyers Weekly “Workplace Relations & Employment Partner of the Year”
- 2022-2021 Chambers Global “Leading Australian Employment Lawyer”
- 2022-2021 Asia Pacific Legal 500 “Hall of Fame – Employment Law”
- 2021 & 2020 Asia Law Profiles “Distinguished Practitioner”
- 2022-2017 ACQ Law Awards “Australia – Labour Lawyer of the Year”
- 2020 Australian Lawyers Weekly “Managing Partner of the Year”
Who’s Who Legal 2022:
“Michael Harmer is recognised as a top name in the market who specialises in “high-profile, cutting-edge plaintiff work”.
Chambers Asia-Pacific 2022:
“Michael Harmer of Harmers Workplace Lawyers is well known in the market for his work on contentious matters concerning a wide range of issues including modern awards, discrimination and industrial action. A client comments: “He has a brilliant mind, knows workplace law inside-out, is indefatigable, and is ever courteous and considered.”
Publications
2022 Hardie Grant Publishing
A New Work Relations Architecture – The AIER Model for the Future of Work
Chapter One: The Foundations Author: Michael Harmer
“Objectives of the New Architecture for a Fairer System”
Michael Harmer
- Phone
- +61 292 674 322
- michael.harmer@harmers.com.au
- Address
-
31 Market St
Sydney Office Level 27
NSW 2000
Sydney
Australia
+61 292 674 322
https://harmers.com.au/
- Languages
- English
Michael is the Chairman and Senior Team Leader of Harmers Workplace Lawyers, and has 40 years’ experience in workplace relations. During this time he has provided legal and strategic advice in a number of major enterprise bargaining and change management initiatives and has built up extensive experience and expertise in all areas of workplace relations and safety law. This has included the conduct of some of the leading cases in Australia on sex discrimination and sexual harassment.
Michael’s background includes managing a major industrial law practice as a partner in one of Australia’s largest law firms and previously having been:
- Research Officer to Presidential members of the then Australian Conciliation and Arbitration Commission (undertaking legal, economic and arbitral research and advice work initially for Sir John Moore and later Mr Justice Maddern);
- Solicitor for the New South Wales Department of Industrial Relations (advice and prosecution work in industrial relations, employment and occupational health and safety);
- Industrial Officer for a private sector employer (oil industry); and
- Research Officer for one of Australia’s largest unions.
- Michael has extensive advocacy and negotiation experience in relevant Federal and State Tribunals.
His practice places special emphasis on the preventive law approach in assisting clients in the informed management of a range of human rights, WHS and employment issues. Michael is also recognised for his specialist advice concerning the employment of senior executives.
Publications by Michael Harmer

Education
- Master of Laws degree (honours) from the University of Sydney
Greg Robertson
- Phone
- +61 292 674 322
- greg.robertson@harmers.com.au
- Address
-
31 Market St
Level 27
NSW 2000
Sydney
Australia
+61 292 674 322
https://harmers.com.au/
- Languages
- English
Greg was admitted as a solicitor in 1975. He worked in a variety of litigation roles in private practice before joining the New South Wales Department of Industrial Relations as a legal officer in 1979. That year he also gained a Master of Laws degree (honours) from the University of Sydney.
Greg served as Deputy Industrial Registrar from 1983 to 1991 and as Industrial Registrar from 1991 to 1999. As a consequence, Greg has extensive experience of the New South Wales Industrial Relations system, and of the way government employment operates, particularly at a senior level.
Greg joined the firm in 2000 and has since been involved in all areas of the firm’s practice. He has been involved in major litigation in the Industrial Court of New South Wales, and has extensively advised on issues relating to the contract of employment and employment law generally. He regularly advises employers, both in Australia and overseas, on a variety of aspects of employment and industrial relations matters, including: issues relating to individual and collective agreements; protection of confidential information and intellectual property; restraint of trade issues; unfair dismissal claims; adverse action claims; discrimination; equal opportunity; and bullying claims.
Greg has been involved in litigation at all levels (State and Federal Industrial Tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal Circuit Court and the High Court).
Greg also advises and acts for individuals, particularly at senior levels, with issues surrounding their contracts, remuneration and termination of employment. Greg has also advised registered organisations (both employee and employer associations) on rules and registration issues.
Together with two other Harmers lawyers (Sophie Redmond and Margaret Diamond), Greg has co-authored the on-line “Practical Guide to Work Health and Safety” (Lexis Nexis) and advises in the area of work health and safety.
Publications by Greg Robertson

Sarah Younis
- Phone
- +61 2 9267 4322
- sarah.younis@harmers.com.au
- Address
-
31 Market Street
Level 27, St Martins Tower
NSW 2000
Sydney
Australia
+61 2 9267 4322
https://harmers.com.au/
- Languages
- English, Arabic
Sarah completed a Bachelor of Laws (First Class Honours) degree at the University of Technology, Sydney in 2009. During her university course, Sarah studied specialised subjects in employment and industrial law. Within her degree, Sarah completed a thesis on the consequences of Good Faith Bargaining under the Fair Work Act 2009.
Sarah joined Harmers in December 2008 as a summer clerk. She continued to work at Harmers as a paralegal until the completion of her studies, and was admitted as a solicitor in April 2010.
As an Executive Counsel, Sarah works across all of the firm’s practice areas. She provides commercial, strategic and practical advice on a range of employment and industrial law issues, including:
- the drafting and implementation of employment contracts and workplace policies;
- unfair dismissal and general protections claims;
- sexual harassment and discrimination claims;
- negotiation and drafting of enterprise agreements (including compliance with good faith bargaining requirements);
- award and enterprise agreement interpretation (including appearing in arbitrations before the Fair Work Commission);
- restraints of trade (including acting in injunctive proceedings);
performance and separation management; - termination benefits to senior executives captured by section 200B of the Corporations Act 2001;
- transfer of business, restructures and redundancies; and
- work health and safety matters (including acting in prosecutions regarding workplace fatalities and conducting WHS compliance audits).
Sarah has acted for clients in industries including construction, infrastructure, manufacturing, traffic management, financial and business services, health and automotive. She has represented clients in various Courts and Tribunals, including the Fair Work Commission, the Australian Industrial Relations Commission, the Supreme, District and Local Courts of NSW, the Federal Court of Australia and the Federal Circuit Court of Australia. She has also represented clients in Full Federal Court of Appeal matters.
Sarah assists with best practice compliance training in workplace law tailored to the unique requirements of her clients. She has conducted training sessions on a variety of industrial law matters, including appropriate workplace behaviour, use of social media in the workplace, employment risk management and conducting workplace investigations.
Publications from Australia

Memberships
Amy is a member of the Law Society of New South Wales and is able to practice in all Australian jurisdictions.
Education
Amy completed her combined Bachelor of Arts and Bachelor of Laws (Honours) degree at UNSW in 2013 with distinction.
Awards
- 2022 – “Financial Services” winner, Lawyers Weekly “30 under 30”
- 2022 – Australasian Lawyer Most Influential Lawyers List
- 2021 “Special Counsel of the Year”, Lawyers Weekly Australian Law Awards (and an “Excellence” Award finalist, featuring the top ten winners across all categories).
- 2020 & 2021 – “Workplace Health & Safety” winner, Lawyers Weekly “30 under 30”
- 2020 – Recommended Labour & Employment Lawyer, Asia Pacific Legal 500
- 2020 – Australasian Lawyer “Rising Star”
- 2020 – Lawyers Weekly Women in Law Awards “Special Counsel of the Year”
- 2016 & 2017 – “Workplace Relations, Employment & Safety” winner, Lawyers Weekly “30 under 30”
- 2016 – “Dispute Resolution” winner, Lawyers Weekly “30 under 30”
Publications
- AHRI HRM Magazine, June 2022 – Not Leadership Material
- HRM Online, 31 March 2022 – Firing an employee on the spot? These are your legal duties when issuing a summary dismissal
- AHRI HR Monthly, March 2022 – Could a demotion count as a dismissal?
- HRM Online, December 2021 – Losing staff to the Great Resignation. Here are your legal obligations.
- HRM Online, December 2021 – 7 legal cases for HR to keep an eye on in 2022.
- HRD Magazine, November 2021 – Preparing for Omicron: 6 steps for rolling out a vaccine mandate policy.
- AHRI HR Online, November 2021 – Two legal experts answer HR’s COVID-19 vaccine mandate questions.
- AHRI HR Monthly, September 2021 – Veering off track – How should employers manage performance issues remotely? A legal expert weighs in.
- HRM Online, September 2021 – Things to keep in mind during virtual performance management.
- Business Insider, September 2021 – NSW hospitality businesses need more clarity on vaccine mandate to ease ‘uncertainty’ around reopening, a legal expert says.
- AHRI HR Monthly, June 2021 – Digging into the past – does your pre-employment screening contravene privacy laws?
- Inside HR, December 2020 – Major WHS Reform in Western Australia.
- Lawyers Weekly, December 2020 – Can law firms mandate COVID-19 vaccinations for employees?
- Inside HR, October 2020 – Another state criminalises wage theft.
- Inside HR, July 2020 – The new criminal law targeting wage theft.
- Inside HR, June 2020 – WHS, performance management and termination considerations for long-term remote working.
- Inside HR, April 2020 – What the AHRC report on sexual harassment means for your business.
- Inside HR, January 2020 – HR emergency essentials: 8 rights and obligations when an emergency strikes.
- Inside HR, July 2019 – Do your pre-employment checks contravene privacy laws?
- Inside HR, May 2019 – Workplace romances: do you need love contracts & non-fraternisation policies?
- Inside HR, March 2019 – 12 questions HR should ask before initiating a workplace investigation.
- Inside HR, December 2018 – The role of power imbalance and consent in sexual harassment.
Amy Zhang
- Phone
- +61 292 6743 22
- amy.zhang@harmers.com.au
- Address
-
31 Market Street
(Level 27 St Martins Tower)
NSW 2000
Sydney
Australia
+61 292 674 322
https://harmers.com.au/
- Languages
- English, Chinese (Mandarin)
Amy Zhang a multi-award winning Partner at Harmers Workplace Lawyers. Having joined the firm in 2012, she has built a distinguished career and is recognised as a leading employment lawyer in Australia.
Over the years, Amy has worked across a wide range of practice areas, and has expertise in areas including restraint of trade, sexual harassment, discrimination, regulatory investigations/prosecutions, WHS, performance management, terminations, redundancies, collective and industrial matters, and contract and policy drafting. She has successfully acted in a number of significant and complex test cases, including at High Court level, and is well-versed in running and defending complex litigation, as well as providing commercial and practical day-to-day advice to clients. She acts for corporate, government, industrial association, not-for-profit, and individual clients.
Amy is a regular commentator and contributor to industry publications and the media, where she shares her insights on employment law and law reform. She has also lectured in law at both the University of Sydney and the University of Technology, Sydney.
Amy also sits on the L&E Global board.
In addition to her professional experience, Amy has an extensive background in volunteer work, having contributed to organisations such as the Australian Human Rights Centre, the Students Legal Education Group, Amnesty Australia, the Asian Australian Lawyers Association, the Law Society of New South Wales and various community legal centres.
Amy holds a combined Bachelor of Arts and Bachelor of Laws (Honours) degree from UNSW, which she completed with distinction. She is a member of the Law Society of New South Wales and is authorised to practice in all Australian jurisdictions.