What is workplace rights?

Workplace rights in Australia are the legal entitlements that protect employees from unfair treatment and ensure minimum standards of pay, conditions, and treatment at work. They are set primarily by federal law, particularly the Fair Work Act 2009, supplemented by state laws on workplace safety, anti-discrimination, and workers' compensation.

The core workplace rights include the right to be paid at least the minimum wage or the relevant modern award rate, the right to receive the eleven National Employment Standards (annual leave, personal leave, parental leave, public holidays, and so on), the right to join or not join a union without penalty, the right to a safe workplace free of harassment and discrimination, the right to challenge unfair dismissal, the right to request flexible working arrangements, the right to disconnect outside work hours, and the right to superannuation contributions of 12 per cent.

Several agencies enforce these rights. The Fair Work Ombudsman investigates underpayment and other Fair Work Act breaches and can recover wages owed. The Fair Work Commission is the tribunal that approves enterprise agreements, hears unfair dismissal and bullying claims, and resolves industrial disputes. The Australian Human Rights Commission handles discrimination and harassment complaints. State-based WHS regulators investigate workplace safety. State-based workers' compensation schemes pay benefits to injured workers. Unions and employer associations also play a role in advising and supporting members.

All employees have a right to information about their workplace rights. The Fair Work Information Statement must be given to every new employee and explains the National Employment Standards, modern awards, agreements, the Fair Work Ombudsman, and the Fair Work Commission. Casual employees receive a Casual Employment Information Statement. The Fair Work Ombudsman publishes detailed pay tools, calculators, and template documents at fairwork.gov.au and operates a help line on 13 13 94 available in over 30 languages through the Translating and Interpreting Service.