Question 1

I think I'm being underpaid

Accepted Answer

You are entitled to at least the national minimum wage, or the higher rate set by your Modern Award or enterprise agreement. Casual employees must receive an additional 25% loading. Penalty rates apply for weekends, public holidays, and overtime. Employers who underpay face penalties up to $93,900 per contravention for individuals and $469,500 for companies.

Question 2

I've been fired or made redundant

Accepted Answer

You are entitled to a minimum notice period (1-5 weeks depending on service), payment for accrued annual leave and long service leave, and redundancy pay if your role was made redundant (4-16 weeks based on service). Your employer must pay you within 7 days of termination. If the dismissal was harsh, unjust, or unreasonable, you can apply to the Fair Work Commission within 21 days.

Question 3

My employer owes me money

Accepted Answer

Your employer must pay you at least fortnightly, provide itemised pay slips within 1 day of payment, and pay superannuation quarterly. Withholding pay, making unauthorised deductions, or paying late are all unlawful. You can recover unpaid wages going back 6 years. The Fair Work Ombudsman can investigate and take legal action on your behalf.

Question 4

I'm not getting the right leave

Accepted Answer

Full-time employees get 4 weeks annual leave per year (5 weeks for shift workers), 10 days personal/carer's leave, 2 days compassionate leave, and up to 12 months unpaid parental leave. Part-time employees get pro-rata entitlements. Your employer cannot unreasonably refuse leave requests or pressure you not to take leave. Unused annual leave must be paid out on termination.

Question 5

I'm a casual and want to know my rights

Accepted Answer

As a casual employee, you must receive a 25% casual loading on top of the base rate, minimum engagement of typically 2-4 hours per shift (depending on your award), and the right to convert to permanent employment after 12 months of regular and systematic work. You also get unpaid carer's leave, unpaid compassionate leave, and family/domestic violence leave. Since August 2024, a new definition of casual employment focuses on the real nature of the arrangement, not just the contract label.

Question 6

I want to check my pay rate

Accepted Answer

Most Australian employees are covered by one of 121+ Modern Awards, each with specific pay rates by classification level. Your employer must pay you at least the award rate for your role. Pay rates are updated annually (usually July 1) following the Fair Work Commission's Annual Wage Review. Your payslip must show your hourly rate, hours worked, and any penalty rates or allowances.

Question 7

My workplace is unsafe or I'm being bullied

Accepted Answer

Under work health and safety laws, your employer must provide a safe working environment, proper training, and protective equipment. You can refuse unsafe work without penalty. Workplace bullying — repeated unreasonable behaviour directed at a worker — is grounds for a stop-bullying order from the Fair Work Commission. Sexual harassment and discrimination are unlawful under the Sex Discrimination Act and Fair Work Act.

Question 8

I'm starting a new job

Accepted Answer

Before starting, your employer must provide a Fair Work Information Statement and a Casual Employment Information Statement (if casual). Your contract should state your classification level, pay rate, hours, and employment type. Check that your pay meets minimum award rates. Probation periods are typically 3-6 months but don't reduce your NES entitlements. Super must be paid from the first day regardless of earnings.

Question 9

I need to give notice or resign

Accepted Answer

The notice period you must give depends on your award, enterprise agreement, or contract. If none of these specify, you should give 'reasonable' notice — typically 1-4 weeks. During your notice period, you continue to accrue leave. Your employer must pay out accrued annual leave (but not sick leave) in your final pay within 7 days. You can also be required to work out your notice or your employer may choose to pay you in lieu.

Question 10

I want to understand my award

Accepted Answer

Australia has 121+ Modern Awards covering most industries and occupations. Your award determines your minimum hourly rate, overtime rates, penalty rates, shift allowances, break entitlements, and more. If you're not sure which award covers you, start with the Award Finder. Your employer must be able to tell you which award applies to your role. Enterprise agreements can override awards but cannot fall below the BOOT (Better Off Overall Test).

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