Employment Basics

EMPLOYMENT BASICS

Whether you’re an international student getting your first job in Australia, or a local student starting work for the first time, these pages cover some of the basics of work in Australia..

The Basics

Most workers in Australia are covered under the Fair Work Act 2009, which sets out the rules every employer in Australia must follow for their workers. The Fair Work Commission and Fair Work Ombudsman are responsible for making sure that employers comply with the Act, and investigating when employers aren’t complying.

Workers have rights in the workplace. Some of the most basic, most important rights are a minimum wage, breaks, and safety (both physical and mental). Your workplace might be covered under an award or agreement. These operate in addition to the Fair Work Act, and are specific to an industry or employer. If you think you’re missing out on your rights, you should contact your union, or Fair Work.

What is "Fair Work? and what can they help with?"

The Fair Work Commission is the independent national workplace relations tribunal. They ensure fair and balanced working conditions for both employers and employees across the country. They're responsible for maintaining minimum wages and employment conditions. They help employees and employers bargain their agreements, and deal with disputes in the workplace. Importantly, they are also responsible for investigating unfair dismissal claims.

Visit their website for more information.

The Fair Work Act is administered by the Fair Work Commission and Fair Work Ombudsman. The Ombudsman enforces compliance with the act, awards, agreements [link to “Awards and Agreements” page], and related legislation. They also provide advice and assistance about pay rates, workplace rights, and obligations.

You can find out more about the Fair Work Ombudsman’s services at their website.

Awards and Agreements

Awards are legal documents setting the minimum standards for work in an industry. Agreements are negotiated between employers and workers and their unions for better conditions in a specific workplace or company.

Your employer should tell you about where your conditions come from when you start work with them.

Awards

Many students work in the fast food and retail industries, and you can find those awards here:
- The Fast Food Industry Award
- The General Retail Industry Award
If you want to find your award, you can use this tool from the Fair Work Ombudsman.

Agreements

To find your enterprise agreement, you can use the Agreement Finder at the Fair Work Commission. Ensure you are looking at the most recent version. If you are not sure, enquire with your union.

Pay and Entitlements

Australia has a national minimum wage, set every year by the Fair Work Commission. If you are:

Part time or full time (a “permanent” employee) you earn a minimum hourly rate, and are entitled to benefits such as sick leave and annual leave. Your also enjoy better job security as as you have a permanent contract.
A casual employee: you earn a higher hourly rate than a permanent employee, instead of having leave entitlements. Your job is also less secure as you do not have a permanent contract.

You should be paid for all work you do – don’t work for free. If you have to start early or stay back after the end of a rostered shift, you should be paid for that time.

Many workers are covered by industry awards or employer agreements [link to Guild Awards and Agreements page], which set the minimum standards for your industry or workplace.

Your employer must be clear with you about where your conditions originate. For a great guide to the specifics of your entitlements, you can use the Fair Work Ombudsman’s Pay and Conditions Tool.

Your income will likely be subject to income tax. The Australian Tax Office has produced a number of useful resources about tax which you can find here.

If you’re an international student, there is also some useful information about tax on the StudyAustralia website from the Australian Government.

International Students

Responsibilities:

International students have limited working rights in Australia. You are expected to balance your study and work commitments. In any given period of two weeks, you can only work a maximum of 48 hours. The best way to manage this is to work a maximum of 24 hours each week.

Students studying a higher degree by research (Masters of Philosophy or PhD) can work more than 48 hours a fortnight. For more information, head to this page from the Australian Government Department of Home Affairs.

If you are working while you are here, you may need to pay taxes on the money you earn. Make sure to be aware of your responsibilities – start by checking out this page from the Australian Government.

Your rights at work

When you are from overseas but live and work in Australia, you enjoy the same protections as any other person working in Australia. Your employer should not encourage you to break your visa conditions. Your employer cannot threaten to have you deported. The best protection you have at work is to join your union – union membership is legal in Australia, and encouraged.

The Australian Government has put together a great resource about your working rights and responsibilities in Australia which you can find here.

Trouble at Work?

Sometimes you might have an issue with someone you work with. Your award or agreement should have a section that outlines a process for resolving disputes in your workplace. If you can, discuss the issue with your line manager first – or if they are the problem, talk to their manager, or Human Resources (which will often be called something like “People and Culture”). You might be able to take it to the Fair Work Commission, but it is encouraged that you attempt to sort out the issue in your workplace first.

For more guidance about dispute resolution, head to the Fair Work Commission website.

Meetings With Management

Your manager might call you in for a meeting. You have the right to leave any meeting you feel is becoming too serious for you to be in by yourself. You have a right to take a support person with you to any meetings, or refuse to enter a meeting until you can have a support person present. A support person is there to be your witness to events. If you have to attend a disciplinary meeting, always take someone as your support person. If you are a member of a union, call them as soon as you are told about a meeting. If you enter alone, take notes during or after the meeting about what took place and who was present.

The difference between “support person” and “union representative”:

A support person is someone you can bring into a meeting for support. Their rights are very limited. They cannot speak unless they are asking for a break for you, and must otherwise remain silent. They are usually permitted to take notes.

A union representative is allowed to talk on your behalf and represent you in meetings – the law says so. If in doubt, call the union. You can find more information about unions on our website here.

Health and Safety (including Breaks, Bullying, Family and Domestic Violence Leave, Injuries)

Safety is everyone’s responsibility, and every worker has the right to go home safe at the end of the day. Your employer has a duty of care to keep you safe at work. You have a duty to keep yourself and those around you safe. Work health and safety law in Australia is governed by each state or territory.

In WA, the law has protections for both physical and psychosocial (mental) safety. Missing out on breaks, and bullying and harassment, are all safety issues, as they can represent a threat to your psychosocial wellbeing.

If you have safety concerns about your workplace, speak to your union or WorkSafe.

Breaks

Breaks give your body and mind an opportunity to rest, and are a vital part of maintaining your health and safety in the workplace. They are a legal entitlement and you should take them.

Awards and agreements set the standards for breaks in your industry or at your employer. Shifts of four hours or more generally have a break entitlement, and you get more breaks the more hours you work.

To find out more information on the break entitlements in your workplace, visit this page at the Fair Work Commission.

Bullying and Harassment

Bullying is defined by the Fair Work Ombudsman as when a person or group of people repeatedly behave unreasonably towards another worker or group of workers. Things like teasing, aggression, and peer pressure towards inappropriate behaviour are all forms of bullying. Remember, banter may not feel the same for everyone.

Harassment includes discrimination on the basis of things such as race, gender, sex, religion, or sexual orientation. The Fair Work Ombudsman defines sexual harassment as an unwelcome sexual advance or request for sexual favours to the person who is harassed, or other unwelcome conduct of a sexual nature in relation to the person who is harassed.

It can be challenging in a workplace to prove that bullying or harassment are occurring. Any evidence you can provide will be of great use. Keep detailed notes of what happened, the dates and times it happened, and who was there. Don’t put up with it – speak to someone.

For more information on bullying and harassment, visit the Fair Work Ombudsman website.

Family and Domestic Violence Leave

Every worker in Australia is entitled to a minimum 10 days of family and domestic violence leave each year. You can find more information about this on the Fair Work Ombudsman website.

Injuries

If you are injured at work doing your job, the first thing you must do is report it to your manager. Your workplace should have processes in place to provide first aid for injured workers.

You may be entitled to apply for workers compensation. Some employers may try to convince you not to apply for it and attempt to manage the injury another way – but it is your right under the law to apply. If you are injured at work, report it to your manager and then speak to your union representative. For more information about injuries at work and Workers Compensation in Western Australia, head to WorkCover.

Workers’ Rights and Unions

Unions are organisations formed by and for workers in particular industries They are here to be on your side as a worker. They can support you and act on your behalf with your employer.

Every industry has a union – for example, the Guild is a union of students. Most things which are good about work were fought for at some point by unions. Even the idea of a 2-day weekend was only made official in Australia in 1956 after years of union campaigns.

Union officials have legal rights that enable them to actively advocate on your behalf, while an ordinary “support person” may only be a silent witness. They can help you get the rosters that suit you, and sort out serious issues at work like underpayments, bullying, and sexual harassment.

You need to be a member for them to be able to help you, and some unions have policies about not getting involved in issues that began before your membership. Your union is your best defence against being treated poorly at work, so find out who they are and join them today!

You can find out who your union is and join them here.

Legal Assistance

Many unions have access to legal services for their members. If you are not a union member, find out who your union is today and get on board.

You can also access community legal services like Circle Green who specialise in a number of areas of law including workplace law. You can find information about other legal services in the community here.

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Please include your name, student number, course of study and a description of your query.

Email: student.assist@guild.curtin.edu.au
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