What Your Employer Can't Legally Make You Do in Australia
Cut your pay, work unpaid overtime, find your own shift cover, wear a political hat, appear in ads — there's a line, and a lot of Australian workers don't know where it is. Here's what your boss can and can't lawfully make you do.
Payroll & Compliance Editor · Registered BAS Agent, Cert IV Accounting & Bookkeeping
The test: 'lawful and reasonable'
You have to follow your employer's lawful and reasonable directions. That's the whole test — and it cuts both ways. A direction to do reasonable duties within your role is fine. A direction that's unlawful (it breaks the law or your award), or unreasonable (it goes well beyond your job, your safety, or your contract), is one you can push back on. The trouble is most people don't know which side of the line a given demand sits on.
Things your boss generally CAN'T make you do
- Cut your pay without your agreement. Your rate is a contract term, and it can never go below your award minimum.
- Work unpaid overtime. The NES caps you at 38 hours plus only reasonable additional hours, and the time you work must be paid.
- Find your own replacement when you're sick. Rostering is the employer's job — you give notice and evidence, not a substitute.
- Refuse genuine, evidenced sick leave. With a medical certificate and notice, paid personal leave must be paid.
- Wear political merch or be forced into a campaign. A uniform is reasonable; compelling political expression is not.
- Extend your notice period because you took a sick day.
Things they usually CAN — within limits
- Require a uniform — though many awards make them pay for it or provide a laundry allowance.
- Direct you back to the office, unless working from home is written into your contract (and you can make a flexible work request).
- Ask you to do reasonable extra duties — but not effectively give you a different, lesser job.
Want a straight answer for your exact situation? Run it through the Can My Boss Legally Make Me…? checker, or ask FairWork Mate AI — it cites the actual rules.
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General information and estimates only — not legal, financial or tax advice. Always check your specific award, agreement or contract, or a qualified professional, before you rely on the result.
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Six years running payroll for a Western Sydney commercial builder before moving to compliance writing and contract payroll. Registered BAS Agent (TPB). Cert IV in Accounting and Bookkeeping. Writes about pay calculations, superannuation, and the 2026 Payday Super rollout. Based in Cabramatta, Sydney.
Real-world cases on this topic
Fair Work and Federal Court decisions that hit on what you just read.
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