Australia: Recruitment and selection

Original and updating authors: Shana Schreier-Joffe, Dean Tolkin and Tiffany Wu, Keypoint Law

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Summary

• Employers are prohibited from discriminating in recruitment and selection on grounds of certain protected characteristics. (See Discrimination)
• Job advertisements must be neutrally worded and not discriminatory in relation to the protected characteristics, and their wording must be accurate. (See Advertising vacancies)
• Selection criteria and methods must comply with various statutory requirements in areas including non-discrimination, privacy, and medical and other testing. Pre-employment screening is required for child-related work. (See Selection)
• A job offer is not binding until it is accepted, but once a job applicant unconditionally accepts an offer a contract of employment is created. (See Job offers)
• All states and territories place various restrictions on the employment of children who are of school age or aged under 15, such as rules on the type of work performed and the hours of work. (See Young people and children)
• There are various categories of work-related visa for foreign nationals, and they are subject to different rules, for example in terms of the occupations concerned, the application procedures, and the role and responsibilities of employers. (See Foreign nationals)
• Employers must generally give employees a Fair Work Information Statement before, or as soon as practicable after, they start employment, and must also keep certain employee records. (See Formalities and induction)