Your Work Rights: What Australian Law Says

Every worker in Australia has legal protections. Understanding your rights helps you avoid exploitation and know when something isn't right.

Minimum Wage

National Minimum Wage (as of July 2024)

• Adults (21+): $24.10/hour
• Casual loading (+25%): $30.13/hour

Age-Based Rates

Younger workers may receive a percentage of the adult rate. Check the Fair Work website for current rates.

Award Rates

Many industries have "awards" with higher minimum rates:

• Hospitality: Fast Food Award, Restaurant Award
• Retail: General Retail Industry Award
• Many others

Important: Your employer must pay at least the award rate for your job, which is often higher than the national minimum.

Casual vs Part-Time

Casual Employment

• No guaranteed hours
• Casual loading (+25%) instead of leave entitlements
• Can refuse shifts
• No sick leave or annual leave

Part-Time Employment

• Guaranteed minimum hours
• Pro-rata entitlements (leave, super)
• More predictable schedule

Your Entitlements

Superannuation

• Your employer MUST pay super if you earn over $450/month
• Currently 11.5% of your ordinary earnings
• Paid into a super fund, not to you directly
• You can choose your super fund

Check your super: Create a myGov account linked to ATO to track your super balance.

Breaks

Minimum entitlements:

• 5+ hours worked: 30-minute unpaid break
• May vary by award

Pay Slips

Your employer MUST provide pay slips within 1 day of payday showing:

• Gross and net pay
• Hours worked
• Rate of pay
• Deductions
• Superannuation

Tax

Your employer withholds tax (PAYG) from your pay. Provide your TFN within 28 days or the highest tax rate applies.

What's NOT Okay

Wage Theft Signs

🚩 Paying below minimum/award rate 🚩 Not paying super 🚩 Cash payments with no records 🚩 Unpaid training or "trial shifts" lasting hours 🚩 Making you pay for uniforms you must wear

Unfair Treatment

🚩 Discrimination based on race, nationality, gender 🚩 Sexual harassment 🚩 Retaliation for raising concerns 🚩 Threatening visa status

Sham Contracting

🚩 Being told you're a "contractor" but treated like employee 🚩 Must have an ABN but work set hours at one place 🚩 No control over how/when you work

Trial Shifts

Legal Trial Shifts

• Short (30 mins to 2 hours max)
• Designed to assess your skills
• Should be paid if you're doing productive work

Illegal Trial Shifts

• Full unpaid shifts
• Being used for free labour
• No intention to actually hire

If Something's Wrong

Step 1: Document Everything

• Keep your own records of hours worked
• Save pay slips and rosters
• Note conversations about pay/conditions

Step 2: Raise It With Your Employer

• Sometimes errors are genuine mistakes
• Ask questions calmly
• Request things in writing

Step 3: Get Help

Fair Work Ombudsman (fairwork.gov.au)

• Free advice
• Can investigate complaints
• Anonymous tip-offs available

Your university's international student service

• Can provide guidance
• May have legal referrals

Unions

• Can advocate on your behalf
• Legal protection services

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Remember: Your visa status does NOT affect your work rights. All workers in Australia have the same legal protections regardless of visa type. Don't let anyone tell you otherwise.