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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.