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Western Australian Industrial Relations Commission

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In labour law , unfair dismissal is an act of employment termination made without good reason or contrary to the country's specific legislation.

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95-493: The Western Australian Industrial Relations Commission (WAIRC), as constituted under the Industrial Relations Act 1979 , conciliates and arbitrates industrial disputes, sets conditions of employment and fixes wages and salaries by making industrial awards, approves enterprise agreements and decides claims of unfair dismissal in the state of Western Australia , with respect to those employers not regulated by

190-479: A Mediterranean climate . The south-east ranges from oceanic (Tasmania and coastal Victoria) to humid subtropical (upper half of New South Wales), with the highlands featuring alpine and subpolar oceanic climates . The interior is arid to semi-arid . Driven by climate change , average temperatures have risen more than 1°C since 1960 . Associated changes in rainfall patterns and climate extremes exacerbate existing issues such as drought and bushfires . 2019

285-525: A belt of Brigalow grasslands lie between the coast and the mountains, while inland of the dividing range are large areas of grassland and shrubland. These include the western plains of New South Wales, and the Mitchell Grass Downs and Mulga Lands of inland Queensland. The northernmost point of the mainland is the tropical Cape York Peninsula . The landscapes of the Top End and

380-824: A large wave of immigration from across Europe , with such immigrants referred to as " New Australians ". This required a relaxation of the white Australia policy , which was justified to Australians using the slogan "populate or perish". A member of the Western Bloc during the Cold War , Australia participated in the Korean War and the Malayan Emergency during the 1950s and the Vietnam War from 1962 to 1972. During this time, tensions over communist influence in society led to unsuccessful attempts by

475-502: A settlement agreement (historically a compromise agreement ). For a settlement agreement to be binding the employee must have taken advice as to the effect of the agreement from a relevant independent adviser, that is a qualified lawyer; a Trade Union certified and authorised officer, official, employee or member; or a certified advice centre worker. In 2011, Aikens LJ summarized the jurisprudence on what constitutes an unfair dismissal: Australia Australia , officially

570-535: A severance package together with a signed release from pursuing any claims under the Code, the Supreme Court of Canada ruled in 2016 that the Code's provisions effectively ousted such common law remedies. Unfair dismissal became part of French labour law in 1973, but certain other protections had been previously instituted as far back as 1892. The Labour Code ( French : Code du travail ) governs

665-712: A commissioned role of President heard appeals made disputing any tribunal orders or decisions. The bulk of the work is carried out in the commission by commissioners. However, some work must be dealt in separate divisions of the commission. The Registrar of the courts along with the Deputy Registrars operations internally, executives to the state department hosting multiple tribunal (or quasi-judicial) proceedings before Industrial Magistrates (State justice), Public Appeal Board members (varies), Road Freight Transport Industry Tribunal, Employment Dispute Resolution, Occupational Safety and Health Tribunal. In 2018 amendments to

760-461: A date which later became Australia's national day . Most early settlers were convicts , transported for petty crimes and assigned as labourers or servants to "free settlers" (willing immigrants). Once emancipated , convicts tended to integrate into colonial society. Convict rebellions and uprisings were suppressed under martial law, which lasted for two years following the 1808 Rum Rebellion , Australia's only successful coup d'état . During

855-531: A dismissal by making a complaint to the Labour Court ( French : Conseil de prud'hommes ). Where an employee has at least two years' service, the employer faces several claims: Where unfair dismissal occurs because of the failure to observe the notification obligations for recall rights, the court may award: Where an employee has less than two years' service, or where the workforce has fewer than 11 employees, recall rights are not available, as well as

950-655: A dismissal was unfair, the Commission must decide whether to order reinstatement or compensation. The commission is required to first consider whether reinstatement is appropriate and can only order compensation (capped at 6 months pay) if it is satisfied that reinstatement is inappropriate. Labour law in Canada falls within both federal and provincial jurisdiction, depending on the sector affected. Complaints relating to unjust dismissal ( French : congédiement injuste ) (where "the employee has been dismissed and considers

1045-581: A settlement was established in Van Diemen's Land (present-day Tasmania ), and in 1813, Gregory Blaxland , William Lawson and William Wentworth crossed the Blue Mountains west of Sydney, opening the interior to European settlement. The British claim extended to the whole Australian continent in 1827 when Major Edmund Lockyer established a settlement on King George Sound (modern-day Albany ). The Swan River Colony (present-day Perth )

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1140-562: A short distance off the north-east coast and extends for more than 2,000 km (1,200 mi). Mount Augustus , claimed to be the world's largest monolith, is located in Western Australia. At 2,228 m (7,310 ft), Mount Kosciuszko is the highest mountain on the Australian mainland. Even taller are Mawson Peak , at 2,745 m (9,006 ft), on the remote Australian external territory of Heard Island , and, in

1235-726: A union challenging the fairness of the dismissal. This remedy however was generally only available in the state tribunals. A similar definition existed at the Commonwealth level, however it was considerably limited by the requirement under the Constitution to establish an inter-state dispute. The ability for an individual to seek relief from unfair dismissal was first established in a statutory scheme in South Australia in 1972, followed thereafter by Western Australia , Queensland , New South Wales and Victoria in

1330-411: A wide variety of landscapes, with tropical rainforests in the north-east, mountain ranges in the south-east, south-west and east, and desert in the centre. The desert or semi-arid land commonly known as the outback makes up by far the largest portion of land. Australia is the driest inhabited continent; its annual rainfall averaged over continental area is less than 500 mm. The population density

1425-436: Is 3.4 inhabitants per square kilometre, although the large majority of the population lives along the temperate south-eastern coastline. The population density exceeds 19,500 inhabitants per square kilometre in central Melbourne. In 2021 Australia had 10% of the global permanent meadows and pastureland. Forest cover is around 17% of Australia's total land area. The Great Barrier Reef , the world's largest coral reef, lies

1520-413: Is a constitutional monarchy , a parliamentary democracy and a federation . The country has maintained its mostly unchanged constitution alongside a stable liberal democratic political system since Federation in 1901. It is one of the world's oldest federations, in which power is divided between the federal and state governments. The Australian system of government combines elements derived from

1615-489: Is an industrial dispute, it will consider applications for compulsory conferences to settle those disputes. The commission can also consider applications by employers claiming unfair dismissal or that their contractual rights haven’t been fulfilled. The commission consists of a chief commissioner; a senior commissioner; and other commissioners as required. Each is appointed by the Governor of Western Australia . Prior to 2019

1710-570: Is automatically assumed unfair. Rules and grounds of employment termination in Poland are regulated in the Labor Code of Poland. Unjustified dismissal of an employee includes: Each employee has a right to file an appeal against termination to the Court. Available remedies are: The amount of compensation depends on since then, the employee has been unemployed for a long time. The employee

1805-478: Is entitled to compensation in the amount of remuneration for the period from 2 weeks to 3 months, not lower than he would receive if he worked during the notice period. If the employee has returned to work, the employer will have to pay him compensation for the period of unemployment. As in the above case, it amounts to the sum of remuneration for the period from 2 weeks to 3 months, not lower than he would have earned while working on notice. The amount of compensation of

1900-740: Is equal to 20% of the base monthly pay times the number of years' service up to 10 years, plus 2/15 of base monthly pay times the number of years' service greater than 10 years. Unfair dismissal in Namibia is defined by the Labour Act, 2007 , under which the employer has the burden of the proof that a dismissal was fair. Explicitly listed as cases or unfair dismissal are those due to discrimination in terms of race, religion, political opinion, marital or socio-economic status, as well as dismissals that arise from trade union activities. Any termination of employment that does not give any valid and fair reason

1995-586: Is now Southeast Asia. It is uncertain how many waves of immigration may have contributed to these ancestors of modern Aboriginal Australians. The Madjedbebe rock shelter in Arnhem Land is possibly the oldest site showing the presence of humans in Australia. The oldest human remains found are the Lake Mungo remains , which have been dated to around 41,000 years ago. Aboriginal Australian culture

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2090-629: Is one of only two pristine Archaean 3.6–2.7 Ga (billion years ago) crusts identified on the Earth. Having been part of all major supercontinents , the Australian continent began to form after the breakup of Gondwana in the Permian , with the separation of the continental landmass from the African continent and Indian subcontinent. It separated from Antarctica over a prolonged period beginning in

2185-466: Is one of the oldest continuous cultures on Earth. At the time of first European contact, Aboriginal Australians belonged to wide range of societies, with diverse economies spread across at least 250 different language groups . Estimates of the Aboriginal population before British settlement range from 300,000 to 3 million. Aboriginal Australians cultures were (and remain) deeply connected with

2280-411: Is unique. About 85% of flowering plants, 84% of mammals, more than 45% of birds , and 89% of in-shore, temperate-zone fish are endemic . Australia has at least 755 species of reptile, more than any other country in the world. Besides Antarctica, Australia is the only continent that developed without feline species. Feral cats may have been introduced in the 17th century by Dutch shipwrecks, and later in

2375-768: The Colonial Office that it be formally adopted. In 1824, the Admiralty agreed that the continent should be known officially by that name. The first official published use of the new name came with the publication in 1830 of The Australia Directory by the Hydrographic Office . Colloquial names for Australia include " Oz ", " Straya " and " Down Under ". Other epithets include "the Great Southern Land", "the Lucky Country" (from

2470-494: The Commonwealth of Australia under the Fair Work Act 2009 . The industrial conciliation system, modelled on New Zealand 's Industrial Conciliation and Arbitration Act 1894 , was created in Western Australia in 1900, before the formation of the Commonwealth of Australia the following year. It provided for the division of the colony (later the state) into Industrial Districts (each with its own Board of Conciliation),

2565-475: The Commonwealth of Australia , is a country comprising the mainland of the Australian continent , the island of Tasmania and numerous smaller islands . Australia has a total area of 7,688,287 km (2,968,464 sq mi), making it the sixth-largest country in the world and the largest country by area in Oceania . It is the world's oldest, flattest, and driest inhabited continent, with some of

2660-595: The Gulf Country —with their tropical climate—include forest, woodland, wetland, grassland, rainforest and desert. At the north-west corner of the continent are the sandstone cliffs and gorges of The Kimberley , and below that the Pilbara . The Victoria Plains tropical savanna lies south of the Kimberley and Arnhem Land savannas, forming a transition between the coastal savannas and the interior deserts. At

2755-551: The Indian Ocean Dipole and the El Niño–Southern Oscillation , which is correlated with periodic drought , and the seasonal tropical low-pressure system that produces cyclones in northern Australia. These factors cause rainfall to vary markedly from year to year. Much of the northern part of the country has a tropical, predominantly summer-rainfall ( monsoon ). The south-west corner of the country has

2850-539: The Iraq War from 2003 to 2009. The nation's trade relations also became increasingly oriented towards East Asia in the 21st century, with China becoming the nation's largest trading partner by a large margin. In 2020, during the COVID-19 pandemic , several of Australia's largest cities were locked down for extended periods and free movement across the national and state borders was restricted in an attempt to slow

2945-664: The Menzies Government to ban the Communist Party of Australia , and a bitter split in the Labor Party in 1955. As a result of a 1967 referendum , the federal government gained the power to legislate with regard to Indigenous Australians, and Indigenous Australians were fully included in the census . Pre-colonial land interests (referred to as native title in Australia) was recognised in law for

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3040-738: The Pacific Community ; the Commonwealth of Nations ; and the defence and security organisations ANZUS , AUKUS , and the Five Eyes . It is also a major non-NATO ally of the United States. The name Australia (pronounced / ə ˈ s t r eɪ l i ə / in Australian English ) is derived from the Latin Terra Australis ( ' southern land ' ), a name used for a hypothetical continent in

3135-532: The Permian and continuing through to the Cretaceous . When the last glacial period ended in about 10,000 BC, rising sea levels formed Bass Strait , separating Tasmania from the mainland. Then between about 8,000 and 6,500 BC, the lowlands in the north were flooded by the sea, separating New Guinea, the Aru Islands , and the mainland of Australia. The Australian continent is moving toward Eurasia at

3230-686: The Territory of Papua and New Guinea in 1949 and gained independence from Australia in 1975. In 1914, Australia joined the Allies in fighting the First World War, and took part in many of the major battles fought on the Western Front . Of about 416,000 who served, about 60,000 were killed and another 152,000 were wounded. Many Australians regard the defeat of the Australian and New Zealand Army Corps (ANZAC) at Gallipoli in 1915 as

3325-528: The Torres Strait Islands . The Dutch charted the whole of the western and northern coastlines and named the island continent " New Holland " during the 17th century, and although no attempt at settlement was made, a number of shipwrecks left men either stranded or, as in the case of the Batavia in 1629, marooned for mutiny and murder, thus becoming the first Europeans to permanently inhabit

3420-696: The bombing of Darwin and other Japanese attacks on Australian soil , led to a widespread belief in Australia that a Japanese invasion was imminent , and a shift from the United Kingdom to the United States as Australia's principal ally and security partner. Since 1951, Australia has been allied with the United States under the ANZUS treaty. In the decades following World War II, Australia enjoyed significant increases in living standards, leisure time and suburban development. Governments encouraged

3515-426: The emu and the kookaburra . Australia is home to many dangerous animals including some of the most venomous snakes in the world. The dingo was introduced by Austronesian people who traded with Indigenous Australians around 3000 BCE . Many animal and plant species became extinct soon after first human settlement, including the Australian megafauna ; others have disappeared since European settlement, among them

3610-534: The governor-general at the federal level and by the governors at the state level, who by section 63 of the Constitution and convention act on the advice of their ministers. Thus, in practice the governor-general acts as a legal figurehead for the actions of the prime minister and the Cabinet. The governor-general may in some situations exercise reserve powers : powers exercisable in the absence or contrary to ministerial advice. When these powers may be exercised

3705-661: The "baptism of fire" that forged the new nation's identity . The beginning of the campaign is commemorated annually on Anzac Day , a date which rivals Australia Day as the nation's most important. From 1939 to 1945, Australia joined the Allies in fighting the Second World War. Australia's armed forces fought in the Pacific , European and Mediterranean and Middle East theatres . The shock of Britain's defeat in Singapore in 1942, followed soon after by

3800-587: The "island continent" and is sometimes considered the world's largest island . Australia has 34,218 km (21,262 mi) of coastline (excluding all offshore islands), and claims an extensive exclusive economic zone of 8,148,250 square kilometres (3,146,060 sq mi). This exclusive economic zone does not include the Australian Antarctic Territory . Mainland Australia lies between latitudes 9° and 44° south , and longitudes 112° and 154° east . Australia's size gives it

3895-428: The 18th century by European settlers. They are now considered a major factor in the decline and extinction of many vulnerable and endangered native species. Seafaring immigrants from Asia are believed to have brought the dingo to Australia sometime after the end of the last ice age—perhaps 4000 years ago—and Aboriginal people helped disperse them across the continent as pets, contributing to the demise of thylacines on

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3990-539: The 1964 book of the same name ), "the Sunburnt Country", and "the Wide Brown Land". The latter two both derive from Dorothea Mackellar 's 1908 poem " My Country ". Indigenous Australians comprise two broad groups: Human habitation of the Australian continent is estimated to have begun 50,000 to 65,000 years ago, with the migration of people by land bridges and short sea crossings from what

4085-543: The 2018 Environmental Performance Index . There are more than 1,800 animals and plants on Australia's threatened species list, including more than 500 animals. Paleontologists discovered a fossil site of a prehistoric rainforest in McGraths Flat , in South Australia, that presents evidence that this now arid desert and dry shrubland / grassland was once home to an abundance of life. Australia

4180-656: The Australian Antarctic Territory, Mount McClintock and Mount Menzies , at 3,492 m (11,457 ft) and 3,355 m (11,007 ft) respectively. Eastern Australia is marked by the Great Dividing Range , which runs parallel to the coast of Queensland, New South Wales and much of Victoria. The name is not strictly accurate, because parts of the range consist of low hills, and the highlands are typically no more than 1,600 m (5,200 ft) in height. The coastal uplands and

4275-636: The Australian Fair Work Commission the then AIRC co-located admin services within the Registry to WAIRC. Unfair dismissal Australia has long-standing protection for employees in relation to dismissal. Most of that protection was however confined in one of two ways. An employer could not dismiss an employee for a prohibited reason, most typically membership of a union. An individual however could not challenge their own dismissal as being unfair and instead had to rely upon

4370-558: The Australian mainland. The first ship and crew to chart the Australian coast and meet with Aboriginal people was the Duyfken , captained by Dutch navigator Willem Janszoon . He sighted the coast of Cape York Peninsula in early 1606, and made landfall on 26 February 1606 at the Pennefather River near the modern town of Weipa on Cape York. Later that year, Spanish explorer Luís Vaz de Torres sailed through and navigated

4465-611: The Commonwealth of Australia. This continued a process of increasing autonomy from the United Kingdom, highlighted by the Statute of Westminster Adoption Act 1942 , and culminating in the Australia Acts of 1986. Australia is a federal parliamentary democracy and constitutional monarchy comprising six states and ten territories . Its population of more than 28 million is highly urbanised and heavily concentrated on

4560-709: The Southern Hemisphere since ancient times. Several 16th-century cartographers used the word Australia on maps, but not to identify modern Australia. When Europeans began visiting and mapping Australia in the 17th century, the name Terra Australis was applied to the new territories. Until the early 19th century, Australia was best known as New Holland , a name first applied by the Dutch explorer Abel Tasman in 1644 (as Nieuw-Holland ) and subsequently anglicised. Terra Australis still saw occasional usage, such as in scientific texts. The name Australia

4655-492: The State Wage Case and other cases of importance that are referred to it. In 2006 the State Wage Case held by WAIRC was the first Australian court to webcast proceedings live to the public. All wage case since and up until 2018 are direct feeds from internal digital court recordings; further to this WAIRC was the first Australian courts to implement Audia digital signal processors from BiAMP. Prior to federal formation of

4750-632: The centre and Phanerozoic sedimentary basins , metamorphic and igneous rocks in the east. The Australian mainland and Tasmania are situated in the middle of the tectonic plate and have no active volcanoes, but due to passing over the East Australia hotspot , recent volcanism has occurred during the Holocene , in the Newer Volcanics Province of western Victoria and south-eastern South Australia. Volcanism also occurs in

4845-484: The colonies was achieved after a decade of planning, constitutional conventions and referendums , resulting in the establishment of the Commonwealth of Australia as a nation under the new Australian Constitution . After the 1907 Imperial Conference , Australia and several other self-governing British settler colonies were given the status of self-governing dominions within the British Empire. Australia

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4940-644: The commission in court session. The Full Bench of the Western Australian Industrial Relations Commission hears appeals from the decisions of industrial magistrates and commissioners. The full bench was constituted by the president and at least two other commissioners prior to 2019. In the future, it will consist of the chief commissioner and two suitable commission members. The Western Australian Industrial Relations Commission in Court Session deals with

5035-562: The complaint, the employee has the right to "make a request in writing to the employer to provide a written statement giving the reasons for the dismissal," which must be supplied within 15 days of the request. Complaints are initially investigated by an inspector, who will then work towards a settlement within a reasonable time, failing which the Minister of Labour may refer the matter to an adjudicator in cases other than where "that person has been laid off because of lack of work or because of

5130-847: The continent. In 1770, Captain James Cook sailed along and mapped the east coast, which he named " New South Wales " and claimed for Great Britain. Following the loss of its American colonies in 1783, the British Government sent a fleet of ships, the First Fleet , under the command of Captain Arthur Phillip , to establish a new penal colony in New South Wales . A camp was set up and the Union Flag raised at Sydney Cove , Port Jackson , on 26 January 1788,

5225-478: The convict system culminated in its abolition in the eastern colonies by the 1850s. Initially a free colony, Western Australia practised penal transportation from 1850 to 1868. The six colonies individually gained responsible government between 1855 and 1890, thus becoming elective democracies managing most of their own affairs while remaining part of the British Empire . The Colonial Office in London retained control of some matters, notably foreign affairs. In

5320-425: The country's economy. It ranks highly for quality of life, health, education, economic freedom, civil liberties and political rights. Australia is a middle power , and has the world's thirteenth-highest military expenditure . It is a member of international groups including the United Nations; the G20 ; the OECD ; the World Trade Organization ; Asia-Pacific Economic Cooperation ; the Pacific Islands Forum ;

5415-411: The court and replaced it with a network of industrial tribunals (later renamed employment tribunals ). The scheme is currently governed by Part X of the Employment Rights Act 1996 . Employees have the right not to be unfairly dismissed (with the exception of a number of exclusions). Following discussions with an employer, an employee can agree not to pursue a claim for unfair dismissal if they reach

5510-415: The decisions of which were subject to appeal to a Court of Arbitration. The first Board of Conciliation did not commence operation until 11 July 1901, and the Court of Arbitration did not first sit until 2 April 1902. The Court of Arbitration became the Western Australia Industrial Commission in 1963, and later became the Western Australia Industrial Relations Commission in 1979. The scope of its jurisdiction

5605-412: The discontinuance of a function" or "a procedure for redress has been provided elsewhere in or under this or any other Act of Parliament." Where the dismissal is determined to be unjust, the adjudicator has broad remedial authority, including ordering the payment of compensation and reinstatement to employment. While many employers have attempted to contract out of these provisions through the payment of

5700-494: The dismissal to be unjust," which in certain cases also includes constructive dismissal ) can be made under the Canada Labour Code , as well as similar provisions in effect in Quebec and Nova Scotia , all of which were introduced in the late 1970s. Under the federal Code, non-unionized employees with more than twelve months of continuous employment, other than managers, have the ability to file complaints for unjust dismissal within 90 days of being so dismissed. In making

5795-457: The early 1990s. Protection from unfair dismissal at the Commonwealth level was enhanced in 1984 by the Commonwealth Conciliation and Arbitration Commission with its ruling in the Termination, Change and Redundancy Case , that awards should contain a provision that dismissal "shall not be harsh, unjust or unreasonable" and subsequent awards following it were upheld by the High Court of Australia . The Parliament of Australia later extended

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5890-459: The early 2010s after the 2000s Australian drought . Although most of Australia is semi-arid or desert, the continent includes a diverse range of habitats from alpine heaths to tropical rainforests . Fungi typify that diversity—an estimated 250,000 species—of which only 5% have been described—occur in Australia. Because of the continent's great age, extremely variable weather patterns, and long-term geographic isolation, much of Australia's biota

5985-481: The eastern seaboard. Canberra is the nation's capital, while its most populous cities are Sydney and Melbourne , both with a population of more than 5 million. Australia's culture is diverse, and the country has one of the highest foreign-born populations in the world . It has a highly developed market economy and one of the highest per capita incomes globally . Its abundant natural resources and well-developed international trade relations are crucial to

6080-564: The employee that a meeting with him must take place, and a decision to dismiss (exercised in writing, sent by registered mail) can only be made not less than two days afterwards. Where dismissal occurs on economic grounds, the employee has the right to be notified of the employer's obligation during the following 12 months to inform him of any position that becomes available that calls for his qualifications. Failure to give prior notice, as well as failure to advise of any open position, will be causes for unfair dismissal. An employee may challenge

6175-415: The first female senior commissioner appointed in WAIRC. The first female appointed a chief Commissioner was (and is currently) Chief Commissioner P. E. Scott. A trifecta occurring when Susan Bastian became the first female Registrar as successor to John Spurling as the dual appointed chief executive officer and registrar of the courts; heading the Department of the Registrar. This department provides

6270-601: The first time when the High Court of Australia held in Mabo v Queensland (No 2) that Australia was neither terra nullius ( ' land belonging to no one ' ) or "desert and uncultivated land" at the time of European settlement. Following the abolition of the last vestiges of the White Australia policy in 1973, Australia's demography and culture transformed as a result of a large and ongoing wave of non-European immigration, mostly from Asia. The late 20th century also saw an increasing focus on foreign policy ties with other Pacific Rim nations. The Australia Acts severed

6365-412: The heart of the country are the uplands of central Australia . Prominent features of the centre and south include Uluru (also known as Ayers Rock), the famous sandstone monolith, and the inland Simpson , Tirari and Sturt Stony , Gibson , Great Sandy, Tanami , and Great Victoria deserts, with the famous Nullarbor Plain on the southern coast. The Western Australian mulga shrublands lie between

6460-407: The interior deserts and Mediterranean-climate Southwest Australia . Lying on the Indo-Australian Plate , the mainland of Australia is the lowest and most primordial landmass on Earth with a relatively stable geological history. The landmass includes virtually all known rock types and from all geological time periods spanning more than 3.8 billion years of the Earth's history. The Pilbara Craton

6555-417: The island of New Guinea (considered geologically as part of the Australian continent), and in the Australian external territory of Heard Island and McDonald Islands . Seismic activity in the Australian mainland and Tasmania is also low, with the greatest number of fatalities having occurred in the 1989 Newcastle earthquake . The climate of Australia is significantly influenced by ocean currents, including

6650-620: The land and the environment, with stories of The Dreaming maintained through oral tradition , songs , dance and paintings. Certain groups engaged in fire-stick farming , fish farming , and built semi-permanent shelters . These practices have variously been characterised as " hunter-gatherer ", " agricultural ", "natural cultivation" and "intensification". Torres Strait Islander people first settled their islands at least 2,500 years ago. Culturally and linguistically distinct from mainland Aboriginal peoples, they were seafarers and obtained their livelihood from seasonal horticulture and

6745-447: The least fertile soils. It is a megadiverse country , and its size gives it a wide variety of landscapes and climates including deserts in the interior and tropical rainforests along the coast . The ancestors of Aboriginal Australians began arriving from south-east Asia 50,000 to 65,000 years ago, during the last glacial period . By the time of British settlement, Aboriginal Australians spoke 250 distinct languages and had

6840-494: The location for the future federal capital of Canberra . While it was being constructed, Melbourne served as the temporary capital from 1901 to 1927. The Northern Territory was transferred from the control of South Australia to the Commonwealth in 1911. Australia became the colonial ruler of the Territory of Papua (which had initially been annexed by Queensland in 1883) in 1902 and of the Territory of New Guinea (formerly German New Guinea ) in 1920. The two were unified as

6935-448: The mainland. Australia is also one of 17 megadiverse countries. Australian forests are mostly made up of evergreen species, particularly eucalyptus trees in the less arid regions; wattles replace them as the dominant species in drier regions and deserts. Among well-known Australian animals are the monotremes (the platypus and echidna ); a host of marsupials , including the kangaroo , koala , and wombat , and birds such as

7030-474: The mid-19th century, explorers such as Burke and Wills charted Australia's interior. A series of gold rushes beginning in the early 1850s led to an influx of new migrants from China , North America and continental Europe, as well as outbreaks of bushranging and civil unrest; the latter peaked in 1854 when Ballarat miners launched the Eureka Rebellion against gold license fees. The 1860s saw

7125-602: The next two decades, social and economic reforms, together with the establishment of a Legislative Council and Supreme Court , saw the penal colony transition to a civil society. The indigenous population declined for 150 years following European settlement, mainly due to infectious disease. British colonial authorities did not sign any treaties with Aboriginal groups . As settlement expanded, tens of thousands of Indigenous people and thousands of settlers were killed in frontier conflicts while settlers dispossessed surviving Indigenous peoples of most of their land. In 1803,

7220-476: The normal remedies for unfair dismissal. The remedy of one month's pay is still available in cases involving failure to follow procedural requirements, and an appropriate amount of compensation may still be ordered in cases where dismissal was improperly executed ( French : licenciement abusif ). Where an employee has had at least one year's service, the employer also faces a separate claim for severance pay ( French : indemnité de licenciement ). The amount

7315-498: The oldest living culture in the world. Australia's written history commenced with Dutch exploration of most of the coastline in the 17th-century. British colonisation began in 1788 with the establishment of the penal colony of New South Wales . By the mid-19th century, most of the continent had been explored by European settlers and five additional self-governing British colonies were established, each gaining responsible government by 1890. The colonies federated in 1901, forming

7410-428: The political systems of the United Kingdom (a fused executive , constitutional monarchy and strong party discipline ) and the United States ( federalism , a written constitution and strong bicameralism with an elected upper house), resulting in a distinct hybrid. Federal government power is partially separated between three groups: Charles III reigns as King of Australia and is represented in Australia by

7505-460: The procedure under which dismissal ( French : licenciement ) may occur, as well as specifying the grounds under which it is valid or not. Dismissal may occur on grounds of personal performance ( French : motif personnel ) or economic reasons ( French : motif économique ). Where the employer believes that there is a valid reason ( French : cause réelle et sérieuse ) for dismissal on personal grounds, it must give five working days' notice to

7600-698: The protected persons is especially due for the entire period of unemployment – these are pregnant women, trade union members, persons in the protected period due to age. After the release of the Donovan Report in 1968, the British Parliament passed the Industrial Relations Act 1971 which introduced the concept of unfair dismissal into UK law and its enforcement by the National Industrial Relations Court . The Trade Union and Labour Relations Act 1974 abolished

7695-594: The protection of threatened species. Numerous protected areas have been created under the National Strategy for the Conservation of Australia's Biological Diversity to protect and preserve unique ecosystems; 65 wetlands are listed under the Ramsar Convention , and 16 natural World Heritage Sites have been established. Australia was ranked 21st out of 178 countries in the world on

7790-480: The rate of 6 to 7 centimetres a year. The Australian mainland's continental crust , excluding the thinned margins, has an average thickness of 38   km, with a range in thickness from 24 km to 59 km. Australia's geology can be divided into several main sections, showcasing that the continent grew from west to east: the Archaean cratonic shields found mostly in the west, Proterozoic fold belts in

7885-723: The reach of protection from unfair dismissal with the passage of the Industrial Relations Reform Act 1993 , which was based on the external affairs power and the ILO Termination of Employment Convention, 1982 . In current Australian law, unfair dismissal occurs where the Fair Work Commission , acting under section 385 of the Fair Work Act 2009 , determines that: If the Fair Work Commission determines that

7980-416: The registry handling applications from public, state and local agencies, inquiry or even private hosted administration disputes of and provides preliminary conference conciliation aiming to mediation matter resolutions and saving formal court proceeds. Western Australian Industrial Appeal Court , which hears appeals from decisions of the president (former appeals heard from 2016 or prior), the full bench, and

8075-545: The remaining constitutional ties between Australia and the United Kingdom while maintaining the monarch in her independent capacity as Queen of Australia . In a 1999 constitutional referendum , 55% of voters rejected abolishing the monarchy and becoming a republic. Following the September 11 attacks on the United States, Australia joined the United States in fighting the Afghanistan War from 2001 to 2021 and

8170-419: The resources of their reefs and seas. Agriculture also developed on some islands and villages appeared by the 1300s. By the mid-18th century in northern Australia, contact, trade and cross-cultural engagement had been established between local Aboriginal groups and Makassan trepangers , visiting from present-day Indonesia. The Dutch are the first Europeans that recorded sighting and making landfall on

8265-491: The rise of blackbirding , where South Sea Islanders were coerced or abducted into indentured labour, mainly by Queensland colonists. From 1886, Australian colonial governments began removing many Aboriginal children from their families and communities, justified on the grounds of child protection and forced assimilation policies. The Second Boer War (1899–1902) marked the largest overseas deployment of Australia's colonial forces . On 1 January 1901, federation of

8360-741: The spread of the SARS-CoV-2 virus . Surrounded by the Indian and Pacific oceans, Australia is separated from Asia by the Arafura and Timor seas, with the Coral Sea lying off the Queensland coast, and the Tasman Sea lying between Australia and New Zealand. The world's smallest continent and sixth-largest country by total area , Australia—owing to its size and isolation—is often dubbed

8455-436: The states Industrial Relations Act 1979 removed requirements for the president role, and thus the president was abolished with all role duties transferred to the chief commissioner. The president at that time, Jennifer H. Smith, was dual appointed and a sworn judge to the Supreme Court . Notably former WAIRC president Smith was the only female appointed president when the role became defunct. Circa both roles Smith became

8550-406: The thylacine. Many of Australia's ecoregions, and the species within those regions, are threatened by human activities and introduced animal, chromistan , fungal and plant species. All these factors have led to Australia's having the highest mammal extinction rate of any country in the world. The federal Environment Protection and Biodiversity Conservation Act 1999 is the legal framework for

8645-615: Was Australia's warmest recorded year, and the 2019–2020 bushfire season was the country's worst on record . Australia's greenhouse gas emissions per capita are among the highest in the world. Water restrictions are frequently in place in many regions and cities of Australia in response to chronic shortages due to urban population increases and localised drought. Throughout much of the continent, major flooding regularly follows extended periods of drought, flushing out inland river systems, overflowing dams and inundating large inland flood plains, as occurred throughout Eastern Australia in

8740-413: Was established in 1829, evolving into the largest Australian colony by area, Western Australia . In accordance with population growth, separate colonies were carved from New South Wales: Tasmania in 1825, South Australia in 1836, New Zealand in 1841, Victoria in 1851, and Queensland in 1859. South Australia was founded as a free colony—it never accepted transported convicts. Growing opposition to

8835-579: Was one of the founding members of the League of Nations in 1920, and the United Nations in 1945. The Statute of Westminster 1931 formally ended the ability of the UK to pass federal laws without Australia's consent. Australia adopted it in 1942, but it was backdated to 1939 to confirm the validity of legislation passed during World War II. The Australian Capital Territory was formed in 1911 as

8930-470: Was popularised by the explorer Matthew Flinders , who said it was "more agreeable to the ear, and an assimilation to the names of the other great portions of the Earth". The first time that Australia appears to have been officially used was in April 1817, when Governor Lachlan Macquarie acknowledged the receipt of Flinders' charts of Australia from Lord Bathurst . In December 1817, Macquarie recommended to

9025-542: Was significantly restricted in 2006 when the Commonwealth's WorkChoices legislation came into effect, later revised by the Fair Work Act 2009 . Of all the states, Western Australia was the only one not to exercise its referral power to delegate further jurisdiction to the Fair Work Commission . The commission has jurisdiction to hear applications for industrial awards in respect of employees and to vary those awards. It also considers applications to register Industrial Agreements between employers and employees. Where there

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