Workers' rights, not wrongs

On this page you will find information and fact sheets to support your understanding of your rights in the workplace. Click on each image to view the whole fact sheet.

KNOW YOUR RIGHTS: FAIR WORK ENTITLEMENTS

Award wage as per Fair Work Act 2009

The National Minimum wage as of 1 July 2021 is $20.33 per hour or $772.60 per week. The only way an individual can be paid lower than the minimum wage is if you are under 21 years in age, or in a registered training arrangement/supportive category.

Modern award specifies to work in a particular industry and the minimum wage in each industry varies, however it cannot be lower than the national minimum wage. If an enterprise agreement applies to you, the minimum wage cannot be less than an award or the national minimum wage. The Fair Work Commission also implements award flexibility in some awards during extenuating circumstances such as COVID-19. You can check the minimum pay rate that applies to you at www.fairwork.gov.au/PACT.

Difference between a part-time and casual worker

A part-time employee works for less than 38 regular hours per week. Part-time employees can be engaged permanently or on a fixed term contract and are entitled to paid leave including annual leave, sick & carer’s leave. Part-time employees are also entitled to a written notice, or payment instead of notice, if their employer terminates their employment.

Casual employees are usually employed for irregular hours. A casual employee doesn’t have a firm commitment in advance from their employer about how long they will be employed for, or the days or hours they will work. Casual employees do not get paid sick or annual leave. The employers can end casual employment without notice, unless notice is required by a registered agreement, award or employment contract. Casual employees are entitled to a higher pay rate than permanent or part time employees and this is called ‘casual loading’

Overtime, rostering and vacation

Overtime: Overtime can be paid beyond the ordinary work hours, the agreed number of hours or outside the spread of ordinary hours. Superannuation is generally not paid on overtime hours. The minimum period of overtime payable for each separate overtime attendance is four hours (meals do not break continuity of overtime attendance). Overtime rates will be payable as per the conditions set out in the reasonable additional hours provisions of the FW Act.

Rostering: If you are covered under an award, your employer will have to comply with the rostering requirements in that award. The minimum daily hours for an employee is 3 consecutive hours. An employer who maintains a permanent roster can change it by informing all the employees, reviewing feedbacks and considering any other circumstance. The employer must give you 7 days’ notice or 14 days in case of permanent roster change.

Leaves: All employees (except for casual employees) get paid annual leave. Full-time and part-time employees get 4 weeks of annual leave based on their ordinary hours of work. Shift worker may get up to 5 weeks of annual leave. Paid sick and carer’s leave is 10 days for full-time employees and pro-rata for part-time employees. All employees, including casual employees, are entitled to 2 days unpaid career’s leave.