Workers' Rights
Fair Work Act protections, National Employment Standards, minimum wage, unfair dismissal, leave, and workplace safety in Australia.
Covered in this guide:
If you work in Australia, the Fair Work Act 2009 is the floor. The National Employment Standards set 11 minimum entitlements — hours, leave, parental leave, notice — that no contract can undercut. The Fair Work Commission handles unfair dismissal and approves enterprise agreements; the Fair Work Ombudsman investigates underpayments. Workplace safety runs through state WHS Acts, and discrimination is caught by both the Act's general protections and the federal RDA, SDA, and DDA.
Key Laws
Fair Work Act 2009
Act No. 28 of 2009 (Cth)
National Employment Standards, unfair dismissal, enterprise bargaining, general protections
Work Health and Safety Act 2011
Act No. 137 of 2011 (Cth, model legislation)
Workplace safety duties, right to cease unsafe work, WHS representatives
Fair Work Commission
Established under Part 5-1, Fair Work Act 2009
Sets minimum wage, approves agreements, hears dismissal claims
Superannuation Guarantee (Administration) Act 1992
Act No. 111 of 1992 (Cth)
Mandatory employer superannuation contributions (currently 12%)
Sex Discrimination Act 1984
Act No. 4 of 1984 (Cth)
Prohibits sex, pregnancy, and family responsibilities discrimination in employment
National Minimum Wage
Every employee in the national system has a right to at least the national minimum wage. The Fair Work Commission resets it every year through the Annual Wage Review, with the new rate taking effect...
Maximum Working Hours
Under the National Employment Standards (NES), a full-time employee cannot be required to work more than 38 hours per week plus reasonable additional hours. Part-timers cap at their agreed ordinary...
Annual Leave
Full-time and part-time employees get 4 weeks of paid annual leave per year of service. Shift workers who routinely work Sundays and public holidays may get 5 weeks — usually written into the...
Unfair Dismissal
If you've been fired and the dismissal was harsh, unjust, or unreasonable, the Fair Work Commission can hear an unfair dismissal claim. The Commission's caseload on this is enormous — it's one of the...
Parental Leave
Australia runs two parental-leave systems in parallel: an unpaid NES entitlement that protects your job, and a government-funded Paid Parental Leave (PPL) payment that gives you income while you're...
Workplace Health and Safety
Under the Work Health and Safety (WHS) Act 2011, your employer — known in the statute as a PCBU (Person Conducting a Business or Undertaking) — owes a primary duty of care to ensure health, safety,...
Notice of Termination and Redundancy Pay
Fired? Get notice pay. Redundant? Demand severance. The NES sets strict rules. Never walk away.
Superannuation (Super Guarantee)
Super is the Australian retirement system most other countries don't have — money your employer must pay into a retirement fund for you, on top of your wages. Under the Superannuation Guarantee (SG),...
Right to Disconnect
Section 333M of the Fair Work Act gives Australian employees the right to refuse to monitor, read, or respond to contact (or attempted contact) from their employer outside of working hours, unless...
Criminal Wage Underpayment (Wage Theft)
From 1 January 2025, an employer that intentionally underpays wages or entitlements is committing a criminal offence under section 327A of the Fair Work Act. This is on top of — not instead of — the...