Most employment relationships in Australia are now covered by the new national workplace relations system - the Fair Work system. Some parts of the Fair Work system started on 1 July 2009.
Since 1 January 2010, sole traders, partnerships, other unincorporated entities and non-trading corporations in New South Wales, Queensland, South Australia and Tasmania have been covered by the national system rather than their own specific state system. Employers who were already operating under the national system continue to be covered (e.g. Pty Ltd businesses and employers in the ACT, NT and Victoria).
In this section
From 1 January 2010, all employers covered by the national workplace relations system have an obligation to give each new employee a Fair Work Information Statement (the Statement) before, or as soon as possible after, the employee starts employment.
Everyone needs to know about the NES. These are set out in the Fair Work Act 2009 and comprise 10 minimum standards of employment. They provide a safety net for all employees in the national workplace relations system.
In addition to the minimum conditions of employment set out by the NES, further conditions can come from a modern award, agreement, national minimum wage orders, various transitional instruments, and state or federal laws. Read more here.
This section contains things every employer should know, including what industrial instrument you're covered by, types of employment, discrimination and workplace inspections.
This section looks at the main issues for employees, including pay, modern awards, the National Employment Standards and the Fair Work Information Statement.
Are you an employee or an independent contractor? There are a number of indicators to help tell the difference. This section explains and raises other important issues for contractors.
Agreements set out the conditions of employment between an employee or group of employees and their employer. Find out what types of agreements can be made, how you can get help to make an agreement and what to do in the case of industrial action.
An apprenticeship or traineeship is a formal training arrangement between an employer and an employee. This section deals with the rights and obligations that apply to apprentices and trainees. You can also find out about pay and conditions.
Industrial action can take a number of forms - including strikes, work bans and lock-outs. Find out about protected, unprotected or unlawful industrial action, and the consequences of each.
This section contains a handy checklist especially designed for young employees. It will help you ask the right questions when you’re starting work and make sure you’re well informed about your pay and conditions.
Starting your first job? This section explains things you need to know about your
employment conditions before you start work and when you start work. It covers things like harassment and discrimination, union membership, and the importance of workplace health and safety.
To work out the pay and conditions an employee is entitled to, you’ll need to know whether they are full-time, part-time or casual.
If you are employed by the hour or by the day you might be a casual employee. Casual employees usually don’t get paid sick leave or annual leave but get a ‘casual loading’ to make up for this. They also have entitlements under the National Employment Standards.
Although commission based employees are generally paid on the basis of how much they sell, not the number of hours worked, they must always receive at least the minimum entitlements contained in an award or agreement that covers their employment. Read more here.
This section talks about how modern awards apply to employees with a disability and the special national minimum wage for these employees. You can also find out about pre-modern awards for employees with a disability.
The commencement of modern awards means that there have been changes to minimum terms and conditions for many employees, including people who are paid according to the amount they produce rather than for the time they work. Read more here
Like many international students you may get a part-time or casual job to help pay your living expenses while you study in Australia. This information will help you to understand your rights in the workplace.
For employees covered by a modern award or enterprise agreement, the definition of a shift worker is contained in their modern award or agreement. Shift workers have some special entitlements, conditions and general workplace protections under national workplace relations laws.
Do you work for an employer, but work in your own home? As an outworker you are still entitled to the conditions set out by the NES and the rate of pay that applies under any relevant modern award or the national minimum wage.
Sole traders, partnerships, other unincorporated entities and non-trading corporations in New South Wales, Queensland, South Australia and Tasmania have now joined the national workplace relations system. Find out about special rules to help them move into the national workplace relations system.
Unions are registered under federal workplace relations law. Find out about the role they play, union visits and meetings, and how to bargain with unions.
All people working in Australia under relevant Commonwealth workplace laws are entitled to general workplace protections. These include workplace rights, the right to engage in industrial activities and the right to be free from unlawful discrimination.
Under the Fair Work Act 2009, discrimination is treating someone differently (and worse) in the workplace because of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction, social origin.