Information on your rights

When you start a job, it’s important to know the workplace standards that protect you. These rights are designed to ensure you’re treated fairly, no matter where you work or what you do. The National Employment Standards (NES) set out the minimum conditions for employees covered by Australia’s national workplace relations system. These apply to most workers and include things like:

• Maximum weekly hours of work

• Minimum wage

• Annual leave and personal leave

• Public holidays

• Notice of termination and redundancy pay

While the NES provides a baseline, some industries or workplaces might have additional rules and entitlements.

Awards, EBAs, and Workplace Agreements

Your pay and conditions might also be influenced by:

• Awards: These outline the minimum pay and conditions for specific industries or jobs, like retail or hospitality for example.

• Enterprise Bargaining Agreements (EBAs): These are negotiated agreements between an employer and employees (or a union) that often provide pay or conditions above the award.

• Employment contracts or workplace agreements: Contracts and agreements are specific to your role and may include details not covered by awards or EBAs.

Codes of Conduct and Workplace Policies

Most workplaces have a code of conduct or policies that set expectations for behaviour and performance. These aren’t just about following rules—they also protect employees by creating clear standards around things like workplace safety, harassment, and fair treatment.

While workplace rights can seem overwhelming at first, remember: every workplace is a little different, and it’s okay to ask questions or seek support if you’re unsure. You can always check resources like Fair Work Australia, your union, or your employer’s policies for more detailed information.

Part time/Full time/Contract/Casual – what’s the difference?

Understanding the different types of employment is key to knowing your rights, working hours, and entitlements. Here’s what you need to know:

Full-time employment

Full-time workers typically work 38 hours per week. In addition to regular pay, you’re entitled to benefits such as annual leave, personal (sick) leave, and superannuation. Full-time roles provide job security and predictable income, with leave entitlements that offer extra compensation beyond just your salary.

Part-time employment

Part-time work is similar to full-time but involves fewer hours—anything under 38 hours per week, often on a regular schedule. You’re entitled to pro-rata leave entitlements like annual leave and personal leave, and your job offers the same stability as full-time employment, just with reduced hours and pay.

Casual employment

Casual workers often have irregular hours and no guaranteed shifts. To make up for the lack of paid leave and job security, casuals are paid a higher hourly rate, which includes casual loading (a higher pay rate for being a casual employee). You’re also entitled to some unpaid leave, such as carers or compassionate leave, but annual and sick leave aren’t included.

Contract employment

Contract work has a fixed start and end date, outlined in your employment contract. Contracts can vary—some may provide the same entitlements as full-time or part-time roles, while others may not include leave or job security. Labour hire agencies often use fixed-term or casual contracts, so make sure to read the details carefully.

Internships, traineeships, and apprenticeships

Internships focus on learning and may be paid or unpaid - but unpaid internships must meet strict legal requirements. Traineeships and apprenticeships are paid roles that combine formal study with on-the-job training. As an apprentice or trainee, you’re entitled to minimum wage, leave, and workplace protections.

Working hours and breaks

The National Employment Standards (NES) outlines fair working hours and breaks for all employees:

• The maximum weekly hours are 38, plus reasonable overtime.
• Break entitlements include meal breaks for shifts over 5 hours (e.g. 30–60 minutes) and shorter rest breaks, depending on your award or agreement.

If you’re a casual, part-time, or contract worker, your specific rights to breaks and hours depend on your award or contract. Employers must ensure that work schedules are fair and safe. For example, being rostered for excessive hours without proper breaks is considered unreasonable and could affect your health and wellbeing.

Considerations for International Students

• Work hour limits: International students on a student visa have specific restrictions on working hours. As of 2023, these limits were temporarily relaxed, but typically, you can work up to 48 hours per fortnight during study periods and unlimited hours during official school breaks. Always check the latest visa conditions on the Department of Home Affairs website.

• Understanding your visa conditions: Breaching visa work conditions can affect your ability to stay in Australia. Make sure your employment aligns with your visa restrictions.

• Seeking help: If you’re unsure about your rights or feel you’re being exploited, organisations like Fair Work Ombudsman or Migrant Workers Centre can provide support and advice.

Discrimination and harassment 

In Australia, it’s against the law for someone at work to treat you unfairly or behave inappropriately towards you because of things like your race, gender, age, disability, sexual orientation, or religion.

Workplaces—especially larger organisations—often have clear policies outlining acceptable behaviour and the process for reporting concerns. Make sure you know where to find these policies when you start a job. In smaller organisations, these policies might not always be formalised, so it’s important to understand your rights and speak up if something feels wrong.

If you experience discrimination or harassment, raise it with someone you trust—this might be your manager, HR, or another leader in your workplace. If that’s not an option or you don’t feel comfortable, you can seek external support. For more detailed advice and steps to take, check out our article that covers bullying, discrimination and harassment.

Superannuation and Tax

When you start working, you will need to pay tax on your income. Your employer will handle most of this for you, but you must provide them with a Tax File Number (TFN). You can organise a TFN through the Australian Tax Office (ATO) before you start working, which will save you time later. If you don’t have one yet, you can apply by filling out some paperwork with your ID, and the ATO can be reached at 1300 720 092. You can also check your tax status through MyGov to ensure everything is being paid correctly.

Superannuation is money that your employer contributes to a fund for your retirement. You can choose which super fund you’d like them to use, but not all employers offer this choice. You can’t access your super until you retire, so the more you save now, the better off you’ll be in the future. It’s important not to open multiple super accounts, as this can lead to unnecessary fees. If you’ve worked for multiple employers, you can consolidate your super to avoid extra fees.

If you’re working multiple jobs, make sure you don’t go over the tax-free threshold for your total income.

If you’re an international student, your tax and super entitlements may be different, so be sure to check those details.

For more detailed information on tax and super, check out our tax and super beginner’s guide.