Employment Law in Australia

The Fair Work Act 2009 is Australia's primary workplace relations legislation. It establishes the National Employment Standards (NES), 11 minimum entitlements for all employees, and governs unfair dismissal, general protections, enterprise bargaining, and the role of the Fair Work Commission. Most private sector employees in Australia are covered by the Act regardless of visa status or nationality.

The 11 NES are minimum workplace rights that cannot be overridden by an employment contract or award. They include: maximum weekly hours (38 + reasonable additional hours); flexible working arrangements; parental and family leave; 4 weeks annual leave; 10 days personal/carer's leave; community service leave; long service leave; public holidays; notice of termination and redundancy pay; access to the Fair Work Information Statement; and unfair dismissal rights. These apply to all employees from the first day of employment.

The National Minimum Wage is set annually by the Fair Work Commission. As of 2024, it is AUD 23.23 per hour or AUD 882.80 per 38-hour week before tax. Most industries have Modern Award rates that are higher than the minimum wage for specific roles and classifications. You can check your applicable award at fairwork.gov.au.

No. Employees who have worked more than the minimum employment period (6 months at larger businesses, 1 year at small businesses with fewer than 15 staff) are protected from unfair dismissal under the Fair Work Act. A dismissal must be for a valid reason (performance or conduct) and follow a procedurally fair process including warnings and an opportunity to respond. Employees dismissed without valid reason or due process can apply to the Fair Work Commission for reinstatement or compensation.

All workers in Australia, including temporary visa holders, have the same workplace rights as permanent residents and citizens. Your employer cannot pay you less, withhold entitlements, or threaten your visa status to prevent you from complaining. Under the Assurance Protocol, if you report workplace exploitation to the Fair Work Ombudsman, you are protected from visa cancellation solely for making that complaint. The FWO has dedicated resources for migrant workers and can recover unpaid wages on your behalf.

Use the Fair Work Ombudsman's Pay and Conditions Tool (PACT) at fairwork.gov.au. Enter your industry, award, and role classification to find your correct pay rate including penalty rates and allowances. If you believe you are being underpaid, keep records of your hours, rosters, and payslips, then contact the FWO by phone (13 13 94) or submit an online enquiry. The FWO can investigate and recover unpaid wages at no cost to you.