Find out about your workplace rights and obligations here.
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What are you covered by?
From 1 January 2010, sole traders, partnerships, other unincorporated entities and non-trading corporations in New South Wales, Queensland, South Australia and Tasmania are covered by the national system rather than their own specific state system. Employers that were already operating under the national system continue to be covered (eg. Pty Ltd businesses and employers in the ACT, NT and Victoria).
Employers and employees in the national system will be covered by the new National Employment Standards (NES).
To find out if you’re covered by the new modern awards look into:
Rates of pay
Australia's minimum wage is $15.00 per hour or $569.90 per week. Generally, employees in the national system shouldn't get less than this.
An employee's basic rate of pay depends on such things as their age, job classification, what industrial instrument they're covered by (e.g. your modern award, pre-modern award, workplace agreement and so on). If they’re covered by a pre-modern award, there will also be a related pay scale.
An employee may also be entitled to other allowances or loadings, depending on the job they do (eg. a casual employee may be entitled to a casual loading).
Extra information for and about:
Pay slips & record-keeping
Every employee must get a pay slip. They should be given this within 1 day of pay day.
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Conditions of employment
National Employment Standards
From 1 January 2010, the National Employment Standards (NES) replace the non-pay rate provisions of the Australian Fair Pay and Conditions Standard (the Standard).
The NES outlines minimum entitlements in the areas of hours of work, public holidays, leave, and notice of termination and redundancy pay.The NES also includes some new minimum entitlements, including the right to request flexible working arrangements and the right for new employees to receive a Fair Work Information Statement.
The NES, together with modern awards and the national minimum wage (which also generally take effect from 1 January 2010) make up a new safety net for employees covered by the national workplace relations system.
Leave
What leave employees get depends on the type of employee they are - full-time, part-time or casual.
Hours of work
Generally, employees can't be asked to work more than 38 hours per week (which can be averaged over 12 months if agreed in writing). However, employers can ask employees to work reasonable additional hours.
Public holidays
For most employees, the right not to work on public holidays is protected under Commonwealth workplace laws.
An employer may ask an employee to work on a public holiday; however, the employee can refuse and take the day off if there are reasonable grounds for doing so.
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Dismissal, unfair treatment & disputes
Find out about unfair dismissal and about unlawful treatment in the workplace.
Employees:
Employers:
Entering a workplace
Commonwealth workplace laws regulate who can enter a workplace and who has right of entry.
Find out more:
Contractors
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