Eight rights every Australian employee should know

Who these rights cover

Most private-sector employees in Australia are national system employees, covered by the Fair Work Act 2009 (Cth). That includes almost everyone who works for a company (a business with "Pty Ltd" or "Ltd" in its name).

In Western Australia, some employees are in the state system instead, covered by the Industrial Relations Act 1979 (WA). They include employees of sole traders, partnerships and unincorporated trusts, WA public sector employees and, since 1 January 2023, WA local government employees. Several rights below work differently for them, so it is worth checking which system you are in first.

New national system employees should receive the Fair Work Information Statement before or soon after they start. Casual and fixed-term employees should also receive a separate statement for their type of employment.

Raising a complaint, and the general protections

The general protections in Part 3-1 of the Fair Work Act stop an employer taking adverse action (for example dismissing you, demoting you or cutting your hours) because you have a workplace right. Being able to make a complaint or inquiry about your employment is one of those rights (s 341).

The protection is narrower than it is often described. In Cigarette & Gift Warehouse Pty Ltd v Whelan [2019] FCAFC 16 the Full Federal Court approved the principle that a protected complaint must be underpinned by a right or entitlement, such as one under an award, an enterprise agreement, a contract or a law. The complaint need not be correct: there, an employee's inquiries about a bonus his contract contemplated were protected. A complaint that simply disagrees with a management decision, with no right or entitlement behind it, may not be.

If you are dismissed because of a protected complaint, you can make a general protections claim to the Fair Work Commission. That claim must also be lodged within 21 days of the dismissal.

Being paid correctly, and your records

You must be paid at least what your award, enterprise agreement or contract requires, including penalty rates, overtime and allowances. An employer that underpays can be ordered to back-pay you and to pay civil penalties, and a director or manager who was involved in the underpayment can be personally liable.

Since 1 January 2025, intentionally underpaying an employee can also be a criminal offence under the Fair Work Act. An honest mistake is not that offence, but it still has to be fixed.

Your employer must keep employee records, such as pay slips, hours worked and leave, for seven years. A current or former employee can ask for a copy, which is often the first step in checking an underpayment.

Discrimination

Section 351 of the Fair Work Act stops an employer taking adverse action against an employee, or a prospective employee, because of a protected attribute. The attributes include race, colour, sex, sexual orientation, breastfeeding, gender identity, intersex status, age, physical or mental disability, marital status, family or carer's responsibilities, being subject to family and domestic violence, pregnancy, religion, political opinion, national extraction and social origin.

There are exceptions, including action that is not unlawful under the local anti-discrimination law, action taken because of the inherent requirements of the job, and some action by religious institutions acting in good faith. Federal and WA anti-discrimination laws offer separate routes, through the Australian Human Rights Commission and the WA Equal Opportunity Commission.

Bullying and sexual harassment

A worker is bullied at work if someone repeatedly behaves unreasonably towards them and that behaviour creates a risk to health and safety (s 789FD). Reasonable management action carried out in a reasonable way, such as a fair performance improvement plan, is not bullying. The Fair Work Commission can make an order to stop bullying, but only while you are still working there, and it cannot award compensation.

Sexual harassment means unwelcome conduct of a sexual nature, including comments, advances and physical contact. Since 6 March 2023 the Fair Work Act itself prohibits sexual harassment in connection with work, and the Commission can deal with a dispute about it, including by making orders to stop it. You can also complain to the Australian Human Rights Commission. Both routes generally require you to act within 24 months. Since December 2022 employers have also had a positive duty to take steps to prevent sexual harassment before it happens.

Unfair dismissal and time limits

You can claim unfair dismissal if you have worked for at least six months, or 12 months for an employer with fewer than 15 employees, and you are covered by an award or enterprise agreement or earn less than the high income threshold. That threshold is $190,100 for dismissals from 1 July 2026, not counting superannuation.

A dismissal is unfair if it was harsh, unjust or unreasonable and was not a genuine redundancy (or, for a small business, consistent with the Small Business Fair Dismissal Code). The Commission looks at whether there was a valid reason, such as serious misconduct or poor performance after fair warnings, and whether you were told of the reason and given a chance to respond. If you win, compensation is capped at 26 weeks' pay or $95,050, whichever is less, for dismissals from 1 July 2026.

The time limits are short: 21 days from the dismissal for a Fair Work claim, and 28 days for an unfair dismissal claim in the WA state system. If you think one of these rights has been breached, consider getting advice early.