What is employment?
What is a ‘Qualified Employer’?
Qualified employers are companies or individuals who meet the requirements to be considered as a qualified employer, or are authorised to provide services, goods or facilities to an employee or applicants in their employment.
Qualified employers must comply with the relevant provisions of the Australian Job Guarantee Act 2010 (Cth).
Employers and employees must be provided with information about the requirements for a qualification.
A ‘qualified employer’ must: be registered in a State or Territory as a person providing services or goods or providing facilities to employees or applicants for employment or for the purposes of providing employment insurance and must provide the relevant information to the Australian Human Rights Commission and the Commonwealth ombudsman for employment ombudsman, and be entitled to apply to the Federal Court for relief on an application to declare an employment contract void.
Employers and applicants must comply if they intend to engage in a contract of employment.
This may involve: the employment contract being between two or more individuals, a partnership, or a corporation, the terms of which are in writing and have been signed between the parties and the relevant authorities.
This contract may also include a reference to the employment term, the date of commencement of the employment and the duration of the contract.
The term ’employment’ may include: a term of employment or a contract for services or accommodation; and the right to a severance pay period and a period of unemployment or severance.
The Australian Government has a suite of regulations which define the employment terms that are acceptable to the Fair Work Act 2009.
For example, an employer may not offer employment to an individual who is unemployed or who is in receipt of unemployment benefits.
However, an employment provider may provide employment to a person who has been unemployed for a term longer than that which would be appropriate for an individual in a similar position and with similar qualifications.
A ‘qualified provider’ must be authorised to supply services or services to the Commonwealth, the Commonwealth’s independent employment tribunals and the Australian Government.
It is the responsibility of employers to be aware of the Fair Employment (Labor Standards) Act 2010.
It is important that employers comply with this Act.
This is important because a person with a disability, as well as a disability related service provider, may have an obligation to provide employment, whether through their own employer or a recognised disability service provider.
It also protects the rights of people with a recognised and protected disability, including the right of an employer to refuse employment to someone who is a person having a recognised or protected disability.
If a job is advertised in a newspaper or newspaper supplement, the employer must comply.
You may find the following guidance helpful: