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Your rights at work

Australia sets a list of minimum rights for almost every employee, called the National Employment Standards (NES). Your award, agreement or contract can give you more, never less.

Last checked 2 Oct 2026·Information, not advice

In 30 seconds

  • Full-time staff get a 38-hour week plus reasonable extra hours, 4 weeks’ paid holiday and 10 days’ paid sick or carer’s leave a year
  • The minimum wage is A$26.44 an hour from 1 July 2026, and many jobs have a higher award rate
  • Visa holders have exactly the same rights at work as everyone else
Hours38 a weekPlus reasonable extra hours
Annual leave4 weeksPaid, full-time; pro rata part-time
Sick and carer’s leave10 daysPaid, a year
Minimum wageA$26.44 an hourA$1,004.90 a week, about £530

The National Employment Standards

Your employer must give you a copy of the Fair Work Information Statement when you start. It sums up these rights.

RightFull-time and part-time staff
HoursUp to 38 a week, plus reasonable additional hours
Annual leave4 weeks’ paid leave a year (5 for some shift workers). Part-time staff get a pro rata amount
Personal (sick) and carer’s leave10 days’ paid leave a year, plus 2 days’ unpaid carer’s leave each time it’s needed once paid leave runs out
Compassionate leave2 days’ paid leave each time, for example a bereavement
Family and domestic violence leave10 days’ paid leave a year, also for casual staff
Community service leaveUnpaid leave for things like volunteer emergency work; jury duty has extra rules
Parental leave12 months’ unpaid leave after 12 months in the job. You can ask for up to 12 more
Public holidaysA paid day off if you’d normally work that day
Flexible workAfter 12 months, some people can ask for flexible work, for example parents of school-age children or carers. The employer must reply in writing within 21 days
Long service leaveExtra paid leave after many years with one employer, set mainly by state law
Notice and redundancySee below

Casual staff don’t get paid annual or sick leave or notice. They are paid a higher hourly rate instead.

Long service leave

Unlike the UK, Australia rewards long service with extra paid leave. The rules are set mainly by each state and territory, not national law. You usually qualify after 7 to 10 years with the same employer, depending on the state and industry. Check your state’s long service leave rules.

Parental Leave Pay

On top of unpaid leave from your employer, the government pays Parental Leave Pay at the national minimum wage. For a child born or adopted from 1 July 2026 it lasts 130 days, or 26 weeks of 5 days. Super is now paid on it too.

Newcomers may wait You usually need to be an Australian citizen or permanent resident, or hold certain visas. Newly arrived residents may have to wait 2 years, with some exemptions. Most people on a sponsored work visa can’t get it.

Probation, notice and redundancy

There is no legal probation period as such. But you can’t claim unfair dismissal until you’ve worked for at least 6 months, or 12 months if the business has fewer than 15 staff.

Time with employerMinimum notice
Up to 1 year1 week
1 to 3 years2 weeks
3 to 5 years3 weeks
Over 5 years4 weeks
Over 45 with at least 2 years’ serviceAdd 1 week

If your job is made redundant after at least 12 months, you get 4 to 16 weeks’ redundancy pay, depending on how long you’ve worked there. Small businesses (fewer than 15 staff) don’t have to pay it. Your contract or award may give longer notice.

Unfair dismissal

  • Apply to the Fair Work Commission within 21 days of the dismissal
  • You generally can’t claim if you earn over the high income threshold of A$190,100 (from 1 July 2026), unless an award or enterprise agreement covers you
  • You have a right to refuse unreasonable contact out of hours (the right to disconnect). It now applies to businesses of every size

If you’re on a visa

Visa holders have the same workplace rights as everyone else, including minimum pay, leave and notice. The Fair Work Ombudsman says your visa won’t be cancelled for contacting it or asking for help. You keep your workplace rights even if you’ve broken a visa condition, although there may still be visa consequences.

Getting help

The Fair Work Ombudsman gives free advice on pay and conditions and can investigate. Claims for unfair dismissal go to the Fair Work Commission. Call it on 13 13 94. For an interpreter, call 131 450 and ask them to call the Fair Work Ombudsman.

What to do next

  1. Read the Fair Work Information Statement your employer gives you
  2. Check which award or agreement covers your job
  3. Keep copies of your contract and payslips
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