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Work
All workers have basic rights and entitlements. These can include minimum rates of pay, employment conditions, work safety and not being harassed or discriminated against.
There are organisations that can give you information and advice if you think your rights as a worker are not being met. See ‘Who else can help?’, below.
Minimum entitlements for all employees
Employers have to provide 10 minimum entitlements for all full and part time staff from 1 January 2010. Only some of these apply to casual staff. These new basic conditions are called National Employment Standards (NES).
The 10 new standards are:
- maximum of 38 hours for a full time employee (plus reasonable additional hours)
- four weeks paid annual leave per year, plus an additional week for certain shift workers
- payment for public holidays if the employee would normally have worked on that day
- parents or carers of a child under school age or of a child under 18 with a disability can request flexible working arrangements to assist with the child’s care
- parental leave and related entitlements of up to 12 months unpaid leave for every employee – plus a right to request an additional 12 months unpaid leave
- 10 days paid personal/carer’s leave, two days unpaid carer’s leave as required, and two days compassionate leave (unpaid for casuals) as required
- unpaid leave for voluntary emergency activities and leave for jury service, with an entitlement to be paid for up to 10 days for jury service
- a transitional entitlement for certain employees who had certain long service leave entitlements before 1 January 2010 pending the development of a uniform national long service leave standard
- minimum notice in writing before ending employment and redundancy pay – up to 4 weeks notice (5 weeks if the employee is over 45 and has at least 2 years of continuous service) and up to 16 weeks redundancy pay, both based on length of service
- employers must give the Fair Work Information Statement to all new employees explaining these minimum working conditions.
Fair Work Ombudsman (link below) has information and advice about Australia’s new national workplace relations system, including a copy of the Fair Work Information Statement.
More information
Work – frequently asked questions
Work and superannuation complaints
Youth issues – young people and work
How we can help
Victoria Legal Aid doesn’t give legal advice about work matters, but our free Legal Information Service may be able to give you some information over the phone. We may also be able to refer you to another organisation that can help you. You can speak to a legal information officer in English or ask for an interpreter.
Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.
To find out more about any of our legal services see What we do.
Who else can help?
Fair Work Ombudsman
The Fair Work Ombudsman investigates and prosecutes alleged breaches of awards, workplace agreements and the Commonwealth Workplace Relations Act 1996.
To make a complaint call the Fair Work Ombudsman Helpline on 1300 724 200 (9 am to 5 pm, Monday to Friday), email them or download the claim form from their website.
Job Watch
JobWatch provides legal assistance to Victorian workers. JobWatch can give you free, confidential telephone information and referrals about work rights. See the Job Watch website for more information or call them on (03) 9662 1933 or 1800 331 617 (country callers).
Office of the Victorian Workplace Rights Advocate
The Office of the Victorian Workplace Rights Advocate helps employees, employers and independent contractors understand the industrial relations system.
Their Workplace Rights Information Line can give you information if changes to your terms and conditions of employment have been proposed or if you've been asked to sign a workplace agreement. It also provides industrial relations information for employers.
The information line is available during business hours on 1300 882 648.
Trade unions
Unions can help their members with many employment issues, including pay conditions, unfair dismissals and apprenticeship and traineeship disputes, under state and Commonwealth awards. They can also help members with workers’ compensation disputes under state and Commonwealth awards. See the Australian Council of Trade Unions website.