If you’re exploring job opportunities in Australia, whether you’re an immigrant settling in or a resident, understanding your rights can feel overwhelming. Australia has strong laws in place to protect employees, including the Fair Work Act, which sets out employment conditions.
At Remitly, we know that legal jargon and workplace rules can be confusing, especially if you’re adjusting to a new environment. That’s why we’ve put together this guide to help you understand fair work laws and your rights as an employee in Australia so you can start your job with confidence.
Overview of the Fair Work Act 2009
The Fair Work Act 2009 is the main law protecting workers’ rights and setting employment rules across Australia. It applies to most businesses and employees under the national system employer framework. This includes private companies (like Pty Ltd businesses), many public sector jobs, and some other organisations.
Why the Fair Work Act matters for employees
As a newcomer, understanding the Fair Work Act can help you feel more confident as you settle into life in Australia. It sets out rules for wages, work hours, leave, and how to handle any issues in the workplace. The government also updates the Act over time to keep up with changes in work environments.
The Fair Work Act covers important workplace topics such as:
- Minimum wage: The lowest amount an employee must be paid.
- National Employment Standards (NES): Basic rights like leave and work hours.
- Modern awards: Industry-specific rules for pay and conditions.
- Enterprise agreements: Contracts between employers and employees.
- Protection from unfair treatment: For instance, harassment, discrimination, or unfair dismissal.
Main points of the Fair Work Act
The Fair Work Act sets the foundation for workplace rights and conditions across Australia, ensuring fair treatment and clear employment standards for workers and employers alike.
National Employment Standards
The National Employment Standards (NES) set out the basic rights that apply to most employees in Australia. These standards ensure fair working conditions and include:
- Maximum weekly hours: Full-time employees typically work up to 38 hours per week, with reasonable extra hours if needed.
- Flexible work arrangements: Eligible employees, like parents and carers, can ask for flexible work schedules to balance work and personal life.
- Parental leave: New parents can take up to 12 months of unpaid parental leave, with the possibility of an extension.
- Annual leave: Most full-time employees get four weeks of paid holiday leave annually.
- Personal and compassionate leave: Employees can take time off work if they are sick or need to look after a loved one.
- Community service leave: Time off is available for jury duty or emergency volunteer work.
- Long service leave: Employees who stay with the same employer for many years may be entitled to extra leave, depending on their state or territory.
- Public holidays: Employees are entitled to paid time off on official public holidays.
- Notice of termination and redundancy pay: Employers must give proper notice or provide redundancy pay if a job ends.
- Fair Work Information Statement: Every new employee should receive this document explaining their workplace rights.
- Casual conversion: Sometimes, casual employees can ask for a permanent role if they have been working regular hours for a certain period.
Modern awards and enterprise agreements
In Australia, there are set rules for minimum pay and working conditions. These rules come in two main forms:
- Modern awards: These are industry-specific rulebooks that outline the minimum wage and working conditions for different types of jobs. There are over 100 modern awards covering industries like retail, hospitality, and construction.
- Enterprise agreements: These are special agreements between a company and its employees. They must provide at least the same conditions as modern awards and the National Employment Standards (NES), but can include extra benefits like higher pay or different working hours.
If you’re unsure which one applies to you, you can ask your employer or visit the Fair Work Ombudsman website, where you’ll find a tool to check your award or agreement.
Minimum wage standards
Another important rule under the Fair Work Act is minimum wage. Every year, the Fair Work Commission reviews wage rates based on the cost of living, business conditions, and employment trends. Any changes take effect from the start of the next financial year.
If you’re covered by a modern award, your pay is set by that award. It should be at least the same as or more than the national minimum wage. If you’re covered by an enterprise agreement, your employer must pay at least the same amount as the relevant award or the national minimum wage.
These rules help ensure fair pay for all employees, no matter what type of job they have.
How the Fair Work Ombudsman can help you
Moving to a new country and starting a job can feel overwhelming, especially when it comes to understanding your workplace rights. That’s where the Fair Work Ombudsman (FWO) comes in. It’s a government agency dedicated to making sure all workers in Australia are treated fairly and paid correctly.
The Fair Work Ombudsman is different from the Fair Work Commission (FWC). While the FWC handles workplace disputes and sets industry pay rates, the FWO focuses on helping employees understand their rights and ensuring businesses follow workplace laws.
What does the Fair Work Ombudsman do?
The FWO helps ensure fair treatment at work by:
- Providing free advice and education about wages, leave, and workplace rights.
- Investigating complaints when workers believe their employer has broken the rules.
- Helping businesses comply with the law, especially when mistakes are unintentional.
How can the FWO support you?
If you’re not sure about your pay, leave entitlements, or working conditions, the Fair Work Ombudsman is there to help. You can:
- Visit their website for easy-to-understand resources about workplace rights.
- Use online tools to calculate wages, leave, and other entitlements.
- Call their helpline for free advice on workplace issues.
- Get mediation support if you have a dispute with your employer. The FWO helps find solutions that work for both sides.
What happens if an employer breaks the rules?
If an employer doesn’t follow Australia’s workplace laws, the Fair Work Ombudsman can take action. This might include issuing compliance notices and taking legal action.
The goal isn’t just to protect workers. It’s also about creating fair competition among businesses so that everyone operates on a level playing field.
Understanding Australia’s workplace rules and your rights
Australia’s workplace rules are designed to balance employers’ and employees’ rights and responsibilities. This way, both sides clearly understand key components of workplace structure like leave, pay, and how disputes are resolved.
Who helps regulate workplace rights?
Several key organisations make sure workplaces follow these rules and help resolve any issues that come up:
- Fair Work Commission (FWC): This organisation helps settle workplace disputes, approves workplace agreements, and sets pay conditions for different industries.
- Fair Work Ombudsman (FWO): This office provides free advice and information about your workplace rights, helps workers and businesses understand employment laws, and makes sure companies follow them.
- National workplace system: Most private sector businesses and many public organisations follow the national employment laws set out in the Fair Work Act 2009.
- State or territory authorities: In some cases, state or territory governments handle workplace matters, especially for certain public sector jobs. However, most private sector jobs follow national rules.
What employers and employees need to know
In Australia, both employers and employees have important rights and responsibilities to keep workplaces fair and safe.
Employers need to:
- Pay at least the legal minimum wage for the job.
- Provide a safe and healthy work environment.
- Give accurate payslips and pay superannuation (retirement fund contributions).
- Follow the laws on leave, termination, and anti-discrimination.
Employees need to:
- Follow their job duties as outlined in their contract or role description.
- Respect workplace rules and policies.
- Adhere to safety standards to keep themselves and others safe.
If there’s anything about your job that you don’t fully understand or are worried about, consider talking to your employer. Knowing your rights and responsibilities will help you feel more confident in your job and settled in your new home.
What happens if there’s a workplace dispute?
Sometimes, disagreements happen at work, whether about pay, working hours, or fair treatment. Australia’s system encourages solving issues directly with your employer first. But if that doesn’t work, some organisations can help:
- Fair Work Commission (FWC): Can help mediate disputes and, in some cases, make formal decisions.
- Fair Work Ombudsman (FWO): While it doesn’t make legal rulings, it provides support to help employees and employers find solutions.
- Enterprise agreement procedures: If your workplace has an enterprise agreement, it may have specific steps for resolving disputes.
No matter the situation, help is available, and clear processes are in place to ensure workers are treated fairly.
Your rights at work in Australia
In Australia, workplace laws are designed to make sure everyone is treated fairly, paid correctly, and is able to work in a safe environment, no matter if you’re working full-time, part-time, or casually.
A safe workplace and fair pay
Australia takes workplace safety very seriously, and employers should:
- Provide safe equipment and a safe work environment.
- Offer proper training to reduce risks at work.
- Consult employees about health and safety measures to keep everyone protected.
When it comes to fair pay, the law ensures that you’ll receive at least the minimum wage for living in Australia. If your work is covered by a modern award or enterprise agreement, it may also include higher pay for weekends, overtime, or public holidays. If you’re unsure about your pay rate, you can always check with the Fair Work Ombudsman.
What if you lose your job unfairly?
If you’re dismissed or let go and feel it wasn’t just, you have rights. The Fair Work Commission (FWC) can review your situation to check if your employer followed the correct steps. This includes:
- Notice periods: Most employees are entitled to a notice period or payment instead of notice if they are let go.
- Redundancy pay: If your role is no longer needed, you may be entitled to redundancy pay.
- Protection from unfair treatment: Employers can’t fire you for unjust reasons, such as race, religion, gender, or union membership.
Equality and anti-discrimination
Everyone deserves to feel respected and included at work. Australian laws strictly prohibit discrimination based on gender, age, disability, race, sexual orientation, religion, and any other protected attribute.
Employers must also take action to prevent bullying, harassment, and unfair treatment in the workplace. If you experience discrimination, you can first raise the issue with your employer. If it’s not resolved, organisations like the Australian Human Rights Commission or the Fair Work Commission can step in to help.
Resources and support for Australian employees
No matter what kind of job you have, your rights matter. If you ever feel unsure about your pay, work conditions, or how you’re being treated, help is available. Australia’s workplace laws are designed to protect all workers, including immigrants, so you can feel safe and confident in your job.
How to contact the Fair Work Ombudsman
The Fair Work Ombudsman (FWO) is a great place to start if you need advice about wages, leave, or workplace rights. You can reach them in different ways:
- Phone hotline: Call for general questions about pay, working hours, leave, and more.
- Online web chat: A quick way to get answers if you prefer not to call.
- Official website: Offers useful tools like wage calculators, guides on your rights, and step-by-step help with common work-related issues.
Where to get legal help
Sometimes, workplace issues can be complicated, especially if you’re new to Australia and aren’t sure how systems work. If you need legal advice, there are free or low-cost options available:
- Community legal centres: These centres offer free legal help for workers, including immigrants and people with limited financial resources.
- Advocacy groups: Some organisations provide specialised support for workplace rights.
- Fair Work Ombudsman referrals: If you’re not sure where to start, the FWO can point you in the right direction.
If you’re experiencing a problem at work, help is available. You don’t have to go through it alone. These resources exist to make sure all workers in Australia are treated fairly and have the support they need.
FAQs
What rights do Australian employees have in the Australian workplace?
Employees in Australia have the right to fair pay and working conditions. This includes receiving at least the minimum wage, annual leave, and sick leave as outlined in the NES, modern awards, or enterprise agreements. They also have the right to a safe, respectful, and non-discriminatory workplace, free from bullying and harassment.
What are the key components of Australia’s workplace relations framework?
Australia’s workplace system is based on five key elements. The Fair Work Act 2009 outlines the rights and responsibilities of workers and employers. Other key parts include the Fair Work Commission (FWC), Fair Work Ombudsman (FWO), National Employment Standards (NES), and modern awards or enterprise agreements.
What are the main things the Fair Work Ombudsman can help you with?
The Fair Work Ombudsman (FWO) helps workers understand their rights and responsibilities. They offer guidance on wages, leave entitlements, and workplace agreements. They also mediate disputes, investigate unpaid wages, and take action against employers who don’t follow workplace laws.