Employment law affects every workplace relationship in NSW, yet many employers and employees find themselves unsure about their basic legal rights and obligations. From understanding payslip requirements to navigating performance management, knowing your legal position can prevent costly disputes and ensure fair treatment. Whether you’re an employer trying to ensure compliance or an employee questioning your workplace entitlements, understanding the fundamentals of NSW employment law is essential.

We asked David Hampton, one of our experienced employment lawyers, to answer some of the most common questions we receive about employment law. Here’s what you need to know.

Why Employment Law Matters in Penrith

Employment law advice can be hard to come by in Penrith. We’re one of the few firms in the area offering dedicated employment law services for both employers and employees.

Our employment law services range from simple enquiries through to representation in proceedings before the Fair Work Commission, Human Rights Commission, or higher courts.

Whether you’re an employer trying to navigate staff performance management, an employee seeking guidance on your employment contract, or facing a workplace dispute and heading to court, you can count on us to provide clear, practical advice.

For Employers: Essential Employment Law Questions

What must I provide to a new employee on day one?

You must provide:

• The Fair Work Information Statement (and Casual or Fixed Term Information Statements if relevant).
• A written job offer or employment contract.
• Tax and superannuation forms.
• Clear details of pay rates, working hours, and reporting structure.

What are my payslip and record-keeping obligations?

You must provide payslips within one working day of payment. Keep detailed records of hours worked, pay, leave entitlements, superannuation contributions, and employment details for all employees for at least seven years. Incorrect or incomplete records can result in significant penalties.

What counts as “reasonable” additional hours?

The National Employment Standards (NES) sets the standard working week at 38 hours for full-time employees, plus reasonable additional hours. What is considered “reasonable” depends on factors including health and safety considerations, workload demands, and the employee’s personal circumstances. Many industry awards contain specific overtime provisions that may apply to you. 

When must I pay superannuation and how much?

Generally, you must pay 12% of ordinary time earnings for eligible workers to their chosen fund by the quarterly due dates. Most workers are eligible regardless of monthly earnings. Special rules apply for employees under 18 working fewer than 30 hours per week.

Can I contact staff outside working hours?

New “right to disconnect” laws allow employees to reasonably refuse contact outside working hours. These laws commenced on 26 August 2024 for larger businesses and started on 26 August 2025 for small businesses. Employers should ensure they implement clear, sensible contact expectations into their workplace policies.

How should I manage performance fairly?

Use clear performance expectations, provide regular feedback and support, and allow reasonable opportunities to improve. Ensure you keep detailed written records of all performance discussions. For misconduct matters, follow a fair disciplinary process before deciding on any penalties.

Can I simply classify someone as a contractor?

No. Labels don’t determine employment status. Courts examine the actual working relationship, considering factors such as control over work, how tasks are performed, ability to delegate, who provides tools and equipment, financial risk, and payment structures. “Sham contracting” arrangements can result in serious penalties.

Must I agree to flexible work requests?

Certain employees have the right to request flexible working arrangements. You must genuinely consider each request and respond in writing within 21 days. You can only refuse requests on reasonable business grounds, and you must explain your reasons.

For Employees: Essential Employment Law Questions

What should I ask before accepting a job offer?

Before accepting any position, ensure that you clarify:

• Your pay rate and how it’s calculated
• Whether you’ll be full-time, part-time, or casual
• Which award or enterprise agreement applies to your role
• Your usual working hours and break entitlements
• Who you will report to
• When and how you’ll be paid
• Who the appointed HR representative is if you feel unsafe

What should appear on my payslip?

Your payslip must include your employer’s name and ABN, your name, the pay period, gross and net pay, your hourly rate and hours worked (if applicable), any loadings, penalties,  overtime, superannuation contributions and details of any deductions.

Am I entitled to breaks during my shift?

Most awards and enterprise agreements include paid rest breaks and unpaid meal breaks after working certain hours. Check your applicable award. Even if no award applies, work health and safety laws require adequate rest breaks to work safely.

I’m paid in cash – is that acceptable?

Being paid in cash is legal, but you must still receive payslips and your employer must withhold tax and pay superannuation. If you’re not receiving payslips, this is a serious red flag indicating potential non-compliance.

Must I answer calls or messages outside my rostered hours?

Under the new right to disconnect laws, you can refuse contact outside working hours unless refusing would be unreasonable in the circumstances. Consider factors like urgency, your role and seniority, whether you receive additional pay or time off, and your personal commitments.

Can I bring a support person to workplace meetings?

Yes, particularly for significant meetings like performance reviews or disciplinary proceedings. You should receive reasonable notice of the meeting and its purpose, and you’re entitled to take notes during discussions.

I have an ABN – does that make me a contractor?

Not necessarily. Having an ABN does not automatically make you a contractor. If you’re directed and controlled like an employee and integrated into the business operations, you may actually be entitled to leave, superannuation, and other employment benefits.

Can I request to work from home?

There’s no automatic right to work from home, but eligible employees can request flexible working arrangements (for example, those with caring responsibilities or disability). We suggest that you present a practical proposal that addresses potential business concerns.

The Employment Law Minefield

As these questions show, employment law can be complex, and the consequences of getting it wrong can be serious. Whether you’re an employer concerned about compliance or an employee questioning your entitlements, professional legal advice can prevent costly mistakes and protect your rights.

Need Employment Law Advice?

Don’t navigate workplace legal questions alone. Our employment law team can provide clear, practical advice for both employers and employees across  Western Sydney.

Contact us today to discuss your employment law matter.