In Australia, legislation and regulations are both forms of law, but they differ in their origin, authority, and detail.

1. Legislation (Acts of Parliament)

What is it?

• Legislation refers to Acts of Parliament—laws that are debated and passed by the legislative body (e.g., Federal Parliament or State Parliaments).
• Also called primary legislation or statutes.

Characteristics:

• Made by elected representatives.
• Sets out broad principles and legal frameworks.
• Can establish rights, duties, offences, and legal definitions.
• Requires formal processes to amend or repeal.
• Often contains enabling provisions that allow regulations to be created under it.

Example:

• Fair Work Act 2009 (Cth) – outlines national workplace laws.

2. Regulation (Subordinate or Delegated Legislation)

What is it?

• Regulations are rules or standards made under the authority of an Act.
• Also called secondary legislation, delegated legislation, or subordinate legislation.

Characteristics:

• Made by executive bodies or government departments, not Parliament.
• Provides specific details or operational procedures to give effect to the Act.
• Easier and faster to create or amend than an Act.
• Must be authorised by an Act—cannot exist on their own.

Example:

• Fair Work Regulations 2009 (Cth) – outlines the processes and details that support the Fair Work Act, such as record-keeping and payslip requirements.

Summary Table:

AspectLegislation (Act)Regulation (Subordinate Legislation

Created by ParliamentExecutive authority (e.g. Minister or Agency) Also known as Primary legislation, statutesSecondary/delegated legislation PurposeSets out main legal principles Provides detailed rules and processes Level of detail BroadSpecific Legal power Highest within its area Dependent on an enabling Act Change process Requires parliamentary debate and assentCan be amended more easily

Why It Matters in HR or Coaching Contexts:

Understanding the difference helps ensure compliance. For example:

• Acts determine the overarching legal requirements (e.g. anti-discrimination laws).
• Regulations clarify how those laws are to be implemented in the workplace (e.g. what constitutes “reasonable adjustments”).

Would you like a practical HR scenario illustrating both in action?

🔧 Scenario: Managing Employee Termination

📘 Step 1: Legislation – Fair Work Act 2009 (Cth)

As the HR Manager of a mid-sized transport company, you're considering terminating an employee for repeated misconduct.

The Fair Work Act 2009 (Cth) (legislation) outlines:

• The legal grounds for unfair dismissal (Section 385).
• The minimum notice periods (National Employment Standards – Division 11).
• The employee’s entitlement to procedural fairness.
• The employer’s obligation to avoid adverse action under the general protections provisions.

This Act sets the broad legal framework for what is fair, lawful, and reasonable when terminating employment.

📄 Step 2: Regulation – Fair Work Regulations 2009 (Cth)

To comply with the Act, you need to issue a payslip for the final payment, ensure accurate record-keeping, and calculate redundancy pay (if applicable).

These operational details are found in the Fair Work Regulations 2009, which include:

• Reg 3.44 – Specifies what must be included on payslips.
• Reg 3.33–3.35 – Details what records must be kept about termination and entitlements.
• Reg 3.01 – Outlines how notice of termination should be calculated based on ordinary hours.

So while the Act says what must happen and why, the Regulation spells out how you actually do it.

✅ Practical Implications for HR:

Step Governed By HR Responsibility

Decide if termination is lawful. Fair Work Act 2009. Ensure valid reason, procedural fairness, no discrimination

Calculate notice & entitlements. Fair Work Act + NES. Check minimum notice and redundancy pay

Issue payslip, finalise records Fair Work Regulations 2009 Include all required details on payslip, maintain records

🧭 HR Takeaway:

• Legislation gives you the legal boundary lines (the “why” and “what”).
• Regulation gives you the detailed road map to stay compliant (the “how”).

If you ignore the Act, you're at risk of legal challenge (e.g. unfair dismissal claim). If you ignore the Regulations, you're at risk of non-compliance penalties (e.g. record-keeping breaches under the FWO).