What is the right to work?

The right to work in Australia is the principle that adults should have the opportunity to earn a living through paid employment, with the protection of fair pay, safe conditions, freedom from discrimination, and access to training and skills development. While Australia does not have a constitutional right to work, the country has signed the International Covenant on Economic, Social and Cultural Rights, which recognises the right to work in article 6.

The right is supported by extensive legislation. The Fair Work Act 2009 sets the National Employment Standards, the federal minimum wage, modern awards, enterprise agreements, and unfair dismissal protections. Federal anti-discrimination laws prohibit unfair treatment in hiring, promotion, and conditions. Workplace safety laws require employers to provide a safe environment. Workers' compensation schemes support people injured at work. Workforce Australia delivers employment services for unemployed Australians.

Specific supports help people enter or re-enter the workforce. Free TAFE places have provided more than 600,000 subsidised training places in priority skill areas since 2023. Disability Employment Services support people with disability into work. The Australian Apprenticeships Incentives Programme supports apprentices and trainees. The Indigenous Australian Workforce Programme provides tailored employment supports for Aboriginal and Torres Strait Islander Australians. The Workforce Australia Transition to Work programme supports young people aged 15 to 24 into work or education.

The right to work is balanced against specific limitations. Children under school-leaving age are protected from unsafe or excessive work. Certain occupations (medicine, law, teaching, engineering, financial advising, real estate, and many others) require registration or licensing. Some visa types limit work rights, with specific permits required. Migrants subject to character or security concerns can be excluded from specific industries. Despite these specific limits, Australia has one of the highest labour force participation rates in the OECD, with about 67 per cent of working-age Australians engaged in paid work, and unemployment typically around 4 per cent.