Understanding Employment Law for Federally Regulated Employees in Australia as compared to Ontario
- Jack Oliver
- 3 days ago
- 7 min read
Federal vs. State Employment Law: Key Differences
In Australia, most workers fall under the umbrella of state or territory industrial relations systems. However, a unique group of workers—federally regulated employees—are governed by national laws under the Fair Work Act 2009. These employees often face workplace challenges that require specific legal understanding and expertise.
For Australians employed in federally regulated industries, the rules and protections can be significantly different from those for state-regulated workers. Navigating this complexity requires legal support from firms like Avokah Legal, which understands the intricacies of federal employment law and advocates for employee rights across Australia.
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Similarly, in Canada federally regulated employees are governed rules and regulations that are distinct from provincial laws. The most prominent ones are the Canada Labour Code (CLC) and the Canadian Human Rights Act (CHRA). CLC governs employment law and regulations relating to each and every federally regulated employee, while CHRA offers federal employees human rights protections against workplace discrimination based on age, religion, sex, family status, disability, etc...
In many federal proceedings, the timeline is a lot tighter than under provincial laws. For instance, in Australia, you only have 21 days to file a claim to the Fair Work commission. In Canada, the deadline to file an unjust dismissal claim to the Canada Industrial Relations Board is 90 days.
Who Are Federally Regulated Employees?
Federally controlled employees in both Australia and Canada are in groups that fall under the national industrial relations system, which is a feature of their industry. These sectors usually include:
Airlines and airports
Banks and financial institutions
Telecommunications companies
Broadcasting services
Interstate transport (e.g., railways, trucking, shipping)
The Australian Public Service (APS)
In these industries, which are subject to federal regulation, employees have access to protection and different dispute resolution mechanisms, which in some cases do not exist for state-regulated workers.
Please note, however, that in Canada employees of the federal government, aka public servants, are governed by the Federal Public Service Labour Relations Act (FPSLRA), of which public servants, even if in a non-unionized position, receive quasi union status. FPSLRA provides the legal framework for how federal public servants can form unions, negotiate their terms of employment, and resolve workplace disputes, with the Federal Public Sector Labour Relations and Employment Board (FPSLREB) acting as the impartial body that administers and interprets this legislation.
The FPSLREB is an independent, quasi-judicial tribunal responsible for:
Collective Bargaining: Overseeing the process of collective bargaining between federal public sector employers (like Treasury Board) and certified bargaining agents (unions) to establish terms and conditions of employment.
Grievance Adjudication: Resolving disputes through formal hearings and mediation for issues arising from the interpretation or application of collective agreements, arbitral awards, or unfair labor practices. This includes individual, group, and policy grievances.
Unfair Labour Practice Complaints: Handling complaints related to prohibited actions by employers or employee organizations.
Essential Services: Dealing with agreements regarding essential services that must be maintained during a strike.
Staffing Complaints: While primarily focused on labor relations, the FPSLREB also has jurisdiction over certain staffing complaints under the Public Service Employment Act, such as those related to internal appointments and layoffs.
Key Issues Faced by Federally Regulated Employees
While in the case of federally regulated employees, which in fact we see a wide range of national standards, and also within that we find that there also are very unique legal issues. For example:.
1. Unfair Dismissal Claims
In Australia, under the Fair Work Act, which is the framework in which we see it, federally regulated employees that wish to pursue remedies for unfair dismissal do so within certain parameters. Also, which will apply are the eligibility criteria that include completion of a minimum term of employment, which is 6 months for large businesses and 12 months for small and also that the employee is earning below what is considered the high-income threshold, unless they are covered by a modern award or enterprise agreement.
Similarly, unjust dismissal claim is available for federally regulated employees who have worked for at least 12 months for a federally regulated business.
2. Enterprise Bargaining Agreements (EBAs)
In Australia, EBs are an issue in the field of federal regulation, and they put into play issues of pay rates, work hours, and terms and conditions. Also, we see that which parts of these agreements are put forward and how they are implemented is a point of dispute, which in turn requires legal interpretation and negotiation support.
In Canada, the Canada Labour Code (CLC) governs issues of pay rates, work hours, and terms and conditions.
3. Workplace Bullying and Harassment
In Australia, all workplaces we see some form of bullying and harassment, but in the federal sphere there are more regulatory groups like the Fair Work Commission that play a role in it, which in turn issue stop orders in the case of bullying. Also, in such environments, employees may go through internal disciplinary processes, which at times require legal help.
In Canada, as mentioned above the Canadian Human Rights Act (CHRA) safeguards core human rights for federal workers. Similar to the Ontario Human Rights Code, CHRA protects against discrimination based on personal traits.
The Canadian Human Rights Commission (CHRC) acts as Canada's human rights watchdog, and plays a crucial role in upholding human rights in Canada by providing avenues for redress, promoting awareness, and working to create a more equitable and inclusive society within its federal jurisdiction.
Here's a summary of its key functions:
Enforcing Human Rights Legislation: The CHRC administers and enforces the Canadian Human Rights Act (CHRA), which prohibits discrimination based on various grounds (e.g., race, sex, disability, sexual orientation, gender identity) in areas under federal jurisdiction. This includes federal government departments and agencies, Crown corporations, First Nations governments, and federally regulated private sector organizations (like banks, airlines, and telecommunications companies).
Investigating Complaints: A core function of the CHRC is to receive and screen complaints of discrimination or harassment. It works to resolve these issues through mediation, and if a resolution isn't possible or the complaint warrants further examination, it may refer the complaint to the Canadian Human Rights Tribunal for a formal decision. The CHRC can also represent the public interest in cases before the Tribunal that have the potential to clarify or shape human rights law.
Promoting Equality and Preventing Discrimination: Beyond complaint resolution, the CHRC actively promotes human rights through:
Research and Policy Development: Conducting research, developing policies, and issuing public statements on emerging human rights issues.
Public Education and Awareness: Creating and disseminating information programs to foster public understanding of human rights and the relevant laws.
Compliance Audits: Under the Employment Equity Act (EEA), the CHRC conducts audits to ensure federally regulated employers are providing equal opportunities for designated groups (women, Indigenous peoples, persons with disabilities, and racialized groups).
Accessible Canada Act and Pay Equity Act: The CHRC also has responsibilities for the administration and enforcement of the Accessible Canada Act (aiming for a barrier-free Canada for persons with disabilities) and the Pay Equity Act (addressing wage discrimination).
Advocacy: The CHRC advises Parliament on new laws, engages with international bodies on Canada's human rights commitments, and advocates for systemic changes to prevent discrimination and promote inclusion.
4. Redundancy and Restructuring
In both Australia and Canada, large-scale organizational transformations in banks, telecommunication companies, and aviation—we see this most often—may result in job losses. What we see is that the issue of the genuineness of the redundancies and if the company followed due process in consulting with employees is a point of contention. Also, employees may have a claim to severance pay, notice periods, and other benefits.
5. General Protections and Adverse Action
In Australia, federally regulated staff are covered by the general protections in the Fair Work Act. That which bans actions like dismissal or discrimination, which also include issues of race, gender, union affiliation, or the exercise of workplace rights. Violations that may bring large-scale legal actions.
In Canada, it is the CLC, mentioned above, that does that.
Why Expert Legal Support Matters
Understanding your rights as a federal employee can be very complex, which is why we see the value in having expert guidance. Also, it is in that that you really see the value of legal representation at the table when you are dealing with large corporate employers who have their own in-house legal teams.
Avokah Legal, in Australia, and HTW Law, in Canada, are your go-to source for legal advice:
Reviewing employment contracts and EBAs, if applicable
Filing unfair dismissal / unjust dismissal or general protections claims
Resolving disputes through the Fair Work Commission / CHRC
Representing clients in mediation, arbitration, or court proceedings
Advising on redundancy entitlements and severance packages
Final Thoughts
Our exploration has illuminated the significant divergences in employment law governing federally versus provincially regulated employees in Canada, a dichotomy strikingly mirrored in Australia's national and state systems. These jurisdictional specificities, particularly the stringent timelines for federal claims (e.g., 21 days for the Fair Work Commission in Australia, 90 days for unjust dismissal in Canada's Industrial Relations Board), necessitate a nuanced understanding of each regime.
For many, navigating workplace challenges can feel overwhelming. What's often overlooked is that whether you're a federally or provincially regulated employee dramatically shapes your rights and how you pursue them. From the distinct laws governing your employment—like Canada's Labour Code and Human Rights Act, or Australia's Fair Work Act—to the critical, often tight, deadlines for filing claims, this distinction is paramount. Understanding your specific regulatory framework is not just legal jargon; it's the foundation for protecting your livelihood and ensuring fair treatment. Don't assume your rights are the same as your neighbour's; informed action begins with knowing which rules apply to you.
You may want to consult with an experienced employment law firm such as HTW Law, to learn of your employment law rights and the do and don't before deciding what to do.
With the right legal support, employees can ensure their employment law rights are protected; employers can avoid lawsuits.
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You don't have to fight the battle alone. Speaking with an employment lawyer who is familiar with the laws and regulations regarding defamation, discrimination, harassment, wrongful termination, and constructive dismissal, employment contracts and employment law in general will go a long way. If you are in doubt, it's essential that you reach out for help as soon as possible right away.
Click here to contact HTW Law - Employment Lawyer for assistance and legal consultation.
Author bio:
My name is Jack Oliver. I am a freelance content writer passionate about crafting engaging, SEO-friendly, and high-quality content across various niches.
