Employee rights and employment conditions
What are my minimum rights and conditions at work?
Your minimum rights and conditions at work may be set by a legal document like an award or agreement. This should tell you things like your minimum rate of pay, when you will be paid, if you are entitled to more money for working weekends, nights, public holidays, and the minimum number of hours you can be rostered and paid for.
Ask your employer which award or agreement will apply to you and your job so you can find out how it will affect you. You can also call the Fair Work Infoline for assistance.
How much should I be getting paid?
Here are a couple of pay rates taken from two common retail and hospitality awards.
Retail (Victorian Shops Interim Award 2000) - $15.86 per hour part-time, $19.83 per hour casual
Hospitality (Accommodation, Cafés and Restaurants Sector): $13.47 per hour part-time, $16.84 per hour casual.
N.B. If you're under 20 years of age, junior rates will apply
Please use these as a guide only. Ask your employer which award or agreement applies to you. The Fair Work Infoline can assist if you have a query about your pay rate.
Recommended rates of pay for private household work are on our wages page:
What’s the difference between full-time, part-time and casual?
Full-time employees generally work 38 hours per week and receive pay for a full week’s work as well as conditions like annual leave and sick leave.
The difference between part-time and casual is important. Part-time employees work regular hours each week and receive the same benefits as a full-timers but on a proportional or pro-rata basis. Casual employees are less likely to have regular or guaranteed hours of work and do not receive sick leave or annual leave but rates of pay are usually higher to make up for this.
Ask the employer if you’re unsure whether a job is part-time or casual.
Can my employer pay me cash in hand?
“Cash in hand” is a term used to describe when you are being paid in cash without tax being taken from your earnings. Being paid “cash in hand” is against the law and employers risk fines in doing so. Check your pay slip to make sure tax is being taken out. Contact the Fair Work Infoline if you’re unsure about your pay arrangements.
If you’re working in a private household situation, the person employing you will pay you in cash and this is OK as they are not a registered business. Remember to keep a record of all money paid to you and declare all earnings to the Australian Taxation Office and to Centrelink if you’re receiving benefits such as Youth Allowance.
top of pageWhat about tax and superannuation?
- When you start a new job you’ll need to fill in a Tax File Number Declaration form and give this to your employer, otherwise you will be taxed at the highest rate.
- A Tax File Number can be obtained online at www.ato.gov.au
- Employers must contribute superannuation payments for all employees who earn $450 or more in a single month.
- This payment is made in addition to the wage, not deducted from it.
- The payments are paid into a superannuation fund on your behalf, which you cannot normally access until you retire.
- International students may be able to access their superannuation payments when permanently leaving Australia.
How much notice do I need to give to resign?
- Casual employees do not need to give notice, however, we recommend that at least one week’s notice be given to the employer.
- If you’re part-time or full-time then the notice to resign depends on the number of years employed – less than one year employed requires 1 week notice, between 1 and 3 years requires 2 weeks notice and between 3 and 5 years requires 3 weeks notice.
Similarly, employers need to provide a minimum period of notice before terminating your employment. For full-time or part-time employees, the minimum period of notice is the same for employees wishing to resign. For casual employees the employer does not need to give notice.
Are there any other things I should be aware of?
- Unpaid trials are against the law. You should be paid for all hours you work, including meetings or training.
- Commission only work means you only get paid for the sales you make. This can be OK if you are a good sales person but the reality is it can be difficult to make much money at all. Be wary of jobs such as sales and telemarketing where there is a commission component. Ask the employer if there is a base hourly rate of pay or whether the job is entirely commission based.
- Be wary of jobs where the company wants you to have an Australian Business Number (ABN) and act as an independent contractor. As an independent contractor you are responsible for your own tax, superannuation and workplace injury insurance and you have fewer workplace rights. Employers sometimes use this arrangement inappropriately to avoid some legal responsibilities
- Money shouldn't be taken out of your pay to cover customers who leave without paying or if registers are short.
- You should always receive a pay slip when you work for a business (usually within one day of being paid). If you’re not getting a pay slip talk to your employer.
- You might be entitled to penalty rates (more money) if you work overtime, nights, weekends or public holidays – ask your employer or check your award or agreement.
- You can’t be sacked if you were sick or injured or because of your gender, race, colour, marital status, pregnancy or religion.
Who can help me?
Free and confidential information and advice on wages, working conditions, awards and agreements.
Fair Work Infoline - Phone: 13 13 94 Web: www.fairwork.gov.au
Free and confidential information and advice on unfair / unlawful dismissal
Fair Work Ombudsman Phone: 1300 799 675 Web: www.fwo.gov.au
Free and confidential information and advice on bullying in the workplace, discrimination and unfair dismissal.
Job Watch Phone: 03 9662 1933 Web: www.jobwatch.org.au
Tax enquiries
Australian Taxation Office Phone: 13 28 61 Web: www.ato.gov.au
Superannuation enquiries
Australian Taxation Office Phone: 13 10 20 Web: www.ato.gov.au/super
Free and confidential information and advice on discrimination in the workplace
Equal Opportunity Commission Phone: 03 9281 7100 Web: www.eoc.vic.gov.au
Free and confidential information and advice on workplace injury insurance and health & safety in the workplace
WorkSafe Victoria: Phone: 1800 136 089 Web: www.worksafe.vic.gov.au
Free and confidential information and advice on problems with jobs lodged on Careers Online.
Careers & Employment: Phone: 03 8344 6686 Email: enquiries-careers@unimelb.edu.au
In person: First Floor, Baldwin Spencer Building