Workplace laws
Kalli Addicoat wrote this for Adelaide Game Developers.
Unions and industry advocates
GWU (Game Workers Unite - advocacy body for game industry workers, affiliated with MEAA and PA https://www.gameworkers.com.au/ https://www.facebook.com/GWUAus/
Media, Entertainment and Arts Alliance (union for entertainment workers, covers artists, musicians and designers): https://www.meaa.org/ https://www.facebook.com/withMEAA
Professionals Australia (union for IT workers, covers developers): http://www.professionalsaustralia.org.au/information-technology/
Media, Entertainment and Arts Alliance (union for entertainment workers, covers artists, musicians and designers): https://www.meaa.org/ https://www.facebook.com/withMEAA
Professionals Australia (union for IT workers, covers developers): http://www.professionalsaustralia.org.au/information-technology/
- Which union someone actually joins depends on their exact job description - union coverage is based on industry, and which union covers who is set out by the union's eligibility criteria, and sometimes they even overlap.
Workplace laws
Fair Work Ombudsman (government agency for enforcing workplace laws, good source of general info on minimum conditions and pay rates) https://www.fairwork.gov.au/
SafeWork SA (work health and safety advice specific to SA) https://www.safework.sa.gov.au/
SafeWork SA (work health and safety advice specific to SA) https://www.safework.sa.gov.au/
Pay
The award that generally applies to people employed in the games industry is the Professional Employees Award 2020 [MA000065] https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000065/default.ht m
This award sets out the minimum rate of pay for people based on their qualifications and experience. The minimum pay is adjusted by the Fair Work Commission at least once a year, and the rates can also be found on the Pay Guides section of the Fair Work Ombudsman website https://www.fairwork.gov.au/pay/minimum-wages/pay-guides
The award also includes the National Employment Standards, which are the absolute minimum anyone who is employed in Australia is entitled to. https://www.fairwork.gov.au/employee-entitlements/national-employment-standards
This award sets out the minimum rate of pay for people based on their qualifications and experience. The minimum pay is adjusted by the Fair Work Commission at least once a year, and the rates can also be found on the Pay Guides section of the Fair Work Ombudsman website https://www.fairwork.gov.au/pay/minimum-wages/pay-guides
The award also includes the National Employment Standards, which are the absolute minimum anyone who is employed in Australia is entitled to. https://www.fairwork.gov.au/employee-entitlements/national-employment-standards
Enforcement and legal action
Fair Work Commission (specialist employment law tribunal, for federal system employees): https://www.fwc.gov.au/
South Australian Employment Tribunal (SA based employment law tribunal, for state/council employees, workers compensation claims and some federal system issues): https://www.saet.sa.gov.au/
If someone is very sure they are a contractor (such as if they have an ABN and set their own hours with freedom to work on other tasks, and only sign over ownership of specific items, or retain copyright but grant a licence for use of art/music), they can make a civil claim for breach of the contract. The amount of money being claimed will indicate which court to apply in.
Courts Administration Authority of SA, Civil Division: http://www.courts.sa.gov.au/RepresentYourself/CivilClaims/Pages/default.aspx
Federal Court of Australia: https://www.fedcourt.gov.au/
If your issue involves intellectual property or you earn more than around $150k per year, you can also apply in the Federal Court of Australia. The Federal Court hears both employment matters and IP matters. If part or all of your claim is about who owns an IP you worked on, the Federal Court may be the best place to go. You do not need to be an employee to make an IP claim.
SA Equal Opportunity Commission: https://eoc.sa.gov.au/
Australian Human Rights Commission: https://humanrights.gov.au/
These are bodies which handle issues regarding unlawful discrimination, which can include sexual harassment as well as different treatment based on age, gender, family responsibilities, disability, race (including appearance) . The EOC handles things which are discrimination under State law, while AHRC handles things which are discrimination under Federal law. There is some overlap between the two as both allow workplace discrimination claims and have similar definitions of what kinds of discrimination are unlawful. The EOC specifically includes discrimination with regard to assistance animals and religious dress, while AHRC has wider scope with regard to racial abuse.
It is worth noting that while EOC and AHRC can be slow processes, they are free while the various courts require a filing fee to start a claim and in some cases, for each document submitted.
South Australian Employment Tribunal (SA based employment law tribunal, for state/council employees, workers compensation claims and some federal system issues): https://www.saet.sa.gov.au/
- Both FWC and SAET have offices and conduct mediations and hearings in Adelaide; most people will be able to go to FWC, however minimum company size, maximum income and minimum length of employment may prevent some people lodging claims.
- People can apply to SAET about issues of underpayment (also known as monetary claims). Money claims: https://www.saet.sa.gov.au/industrial-and-employment/money-claimsmonetary-claims/
- People can apply to FWC about unfair dismissal (being fired without a legal reason), adverse action (also known as general protections, against someone's workplace rights being denied, which can be being fired but is basically any change in how someone is treated which leaves them worse off than they were, so long as it can be tied to discrimination or exercising a workplace right like asking to be paid correctly or joining a union), or workplace bullying. Information about each is on the FWC site in the form of a benchbook - a detailed guide designed to help someone fill out the claim form by explaining what each type of claim is, what kind of things count, and who is eligible to apply.
- Unfair Dismissal Benchbook: https://www.fwc.gov.au/resources/benchbooks/unfairdismissals-benchbook
- General Protections Benchbook: https://www.fwc.gov.au/general-protections-benchbook
- Anti-bullying Benchbook: https://www.fwc.gov.au/resources/benchbooks/anti-bullyingbenchbook
- Someone who is a contractor may still be able to apply and succeed because both FWC and SAET will look at the circumstances and consider whether there might be an employment relationship - looking at factors such as whether someone is working exclusively for one company, how much control they have over their work (including work product and IP), who provides work tools and makes decisions, and so on.
If someone is very sure they are a contractor (such as if they have an ABN and set their own hours with freedom to work on other tasks, and only sign over ownership of specific items, or retain copyright but grant a licence for use of art/music), they can make a civil claim for breach of the contract. The amount of money being claimed will indicate which court to apply in.
Courts Administration Authority of SA, Civil Division: http://www.courts.sa.gov.au/RepresentYourself/CivilClaims/Pages/default.aspx
- Claims under $12,000 can be heard in the Small Claims division of the Magistrates' Court.
- Claims under $100,000 can be heard in the General Claims division of the Magistrates' Court.
- Claims over $100,000 can be heard in the District or Supreme Court.
Federal Court of Australia: https://www.fedcourt.gov.au/
If your issue involves intellectual property or you earn more than around $150k per year, you can also apply in the Federal Court of Australia. The Federal Court hears both employment matters and IP matters. If part or all of your claim is about who owns an IP you worked on, the Federal Court may be the best place to go. You do not need to be an employee to make an IP claim.
SA Equal Opportunity Commission: https://eoc.sa.gov.au/
Australian Human Rights Commission: https://humanrights.gov.au/
These are bodies which handle issues regarding unlawful discrimination, which can include sexual harassment as well as different treatment based on age, gender, family responsibilities, disability, race (including appearance) . The EOC handles things which are discrimination under State law, while AHRC handles things which are discrimination under Federal law. There is some overlap between the two as both allow workplace discrimination claims and have similar definitions of what kinds of discrimination are unlawful. The EOC specifically includes discrimination with regard to assistance animals and religious dress, while AHRC has wider scope with regard to racial abuse.
It is worth noting that while EOC and AHRC can be slow processes, they are free while the various courts require a filing fee to start a claim and in some cases, for each document submitted.
Legal help, advice and assistance
Legal Services Commission: https://lsc.sa.gov.au/cb_pages/legal_advice.php
The Legal Services Commission provide several forms of basic advice about your rights and options, and also have basic advice available in the Law Handbook, including sections on copyright, going to court, employment law and discrimination. https://lsc.sa.gov.au/LawHandbook
You may also access a free or low-cost initial advice through a referral through the Law Society of South Australia: https://referral.lawsocietysa.asn.au/start
Other general options for free or low-cost assistance
Community Legal Centres SA https://www.clcsa.org.au/
JusticeNet https://www.justicenet.org.au/
Flinders Legal Centre https://www.flinders.edu.au/engage/community/clinics/flinders-legal-centre
UniSA Legal Advice Clinic https://www.unisa.edu.au/connect/community-clinics/legal-advice-clinic/
These are staffed by law students at the respective unis, under the supervision of qualified lawyers.
Provides free advice and representation to South Australians who identify as female as well as general advocacy and information on workplace issues; they can represent or assist with minor claims at SAET, FWC, EOC and AHRC.
Young Workers' Legal Service http://www.ywls.org.au/
Provides free workplace advice to people under 30; union-affiliated.
SA Unions Workers Compensation Service: https://www.saunions.org.au/workers-compensation-service/
Fair Go SA https://www.fairgosa.org.au/about-us/
For people belonging to ethnic or racial minorities.
Great thanks to Kalli Addicoat who compiled this list of legal resources and explained how they apply.
The Legal Services Commission provide several forms of basic advice about your rights and options, and also have basic advice available in the Law Handbook, including sections on copyright, going to court, employment law and discrimination. https://lsc.sa.gov.au/LawHandbook
You may also access a free or low-cost initial advice through a referral through the Law Society of South Australia: https://referral.lawsocietysa.asn.au/start
Other general options for free or low-cost assistance
Community Legal Centres SA https://www.clcsa.org.au/
JusticeNet https://www.justicenet.org.au/
- JusticeNet cannot provide representation in the Fair Work Commission but can advise and help you prepare to represent yourself. For contract or civil matters, they may provide a referral for free representation.
Flinders Legal Centre https://www.flinders.edu.au/engage/community/clinics/flinders-legal-centre
UniSA Legal Advice Clinic https://www.unisa.edu.au/connect/community-clinics/legal-advice-clinic/
These are staffed by law students at the respective unis, under the supervision of qualified lawyers.
- There are also free advocacy and advice services available which are specifically targeted to some parts of the community or specific types of claim:
Provides free advice and representation to South Australians who identify as female as well as general advocacy and information on workplace issues; they can represent or assist with minor claims at SAET, FWC, EOC and AHRC.
Young Workers' Legal Service http://www.ywls.org.au/
Provides free workplace advice to people under 30; union-affiliated.
SA Unions Workers Compensation Service: https://www.saunions.org.au/workers-compensation-service/
Fair Go SA https://www.fairgosa.org.au/about-us/
For people belonging to ethnic or racial minorities.
Great thanks to Kalli Addicoat who compiled this list of legal resources and explained how they apply.