Workplace rights & rules

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Young workers

All people working in Australia, including people from overseas, are entitled to basic rights and protections in the workplace. These include rights to minimum wages and conditions and protections from unlawful pressure to sign workplace agreements.

The Workplace Ombudsman makes sure that these rights are protected, understood and enforced fairly under Commonwealth workplace relations laws.

My job

What’s the difference between full-time, part-time and casual?

If you’re a full-time employee, you’ll generally work 38 hours per week. Your employer must pay you for a full week’s work and provide you with certain entitlements including annual leave and sick leave.

Part-timers work regular hours each week, but less hours than full-time employees. You’re usually given the same benefits as full-timers but on the basis of the hours you work (pro rata).

Casuals are employed on an hourly or daily basis and don’t usually get paid sick leave or annual leave but rates of pay are generally higher to make up for this. Casual workers are also less likely to have regular or guaranteed hours of work.

What’s the deal with workplace agreements?

Your minimum rights and conditions at work may be set by a legal document like a federal or state award, a collective agreement, an Australian Workplace Agreement (AWA)*, or an individual transitional employment agreement (ITEA). If an agreement or an award does not apply, laws in Australia provide you basic minimum pay and conditions.

Remember:

You can’t be forced or threatened into signing an agreement.
If you’re starting a new job it can be a condition of your employment to sign an ITEA until 31 December 2009.
If you’re under the age of 18, a parent or guardian must co-sign your ITEA.

Visit www.workplaceauthority.gov.au for more information about awards, collective agreements and ITEAs.

* Under new Australian workplace laws, AWAs can no longer be made from 28 March 2008. Existing AWAs will remain until terminated or replaced by an ITEA.

Getting paid

Unpaid ‘trials’ are generally against the law. You shouldn’t be asked to work for free.
You should be paid for all hours you work, including meetings or training and any time you spend opening and closing the business.
In most jobs you will be paid junior rates until you turn 21.
You should be given a pay slip within one day of being paid.
Money can’t be taken out of your pay if customers leave without paying or if the cash register is short.
‘Cash in hand’ is when you are paid without tax being taken out and it is against the law.
You should give your employer your tax file number otherwise you can be taxed at a higher rate

Shifts and holidays

Generally you should be rostered and paid for a minimum number of hours per shift.
You should start and finish your shift at the rostered time even if work is busy or quiet, unless you and your employer both agree otherwise.
Generally you should get an unpaid break if you work five hours or more.
You can say no to working public holidays if you have reasonable grounds. It depends on the kind of work you, whether you get extra pay or other benefits for working public holidays, how much notice you’re given, your reasons for refusing or your personal circumstances (including family responsibilities).

Finishing up

You generally have to give your employer notice you’re resigning from your job. If you don’t give enough notice your employer can keep wages to cover the notice period, so check your award or agreement first.
Generally, if you’re a casual employee your job may be terminated at one hour’s notice.
If you’re employed full-time or part-time you should be paid out any annual leave owing to you when your employment ends.
You can’t be sacked because of things like your race, sex, age, physical or mental disability, sexual preference, or for filing a complaint against your employer for breaching a law.

How we can help you

If you believe you are not receiving your minimum rights and conditions at work, contact the Workplace Ombudsman. Call our Help Line on 1300 724 200 or click ‘Get live help’ and chat online with an adviser.