What Rights Do Employees Have in the Workplace in Australia? December 13, 2022

No matter who you are or what stage of your career you are at, you have rights as an employee. But precisely what rights do employees have in the workplace in Australia? The minimum rights of an employee are the responsibility of your employer. Without understanding the importance of employee rights, you may find yourself being taken advantage of or in a workplace that is not safe. Knowing and understanding the minimum rights of employees will help protect you at work. Learn more about employee rights in Australia and what to do if they are breached below. 

Employment Laws

Australian employment law is covered by a few different pieces of legislation, including the Fair Work Act (Cth) 2009, the Work Health and Safety Act (Cth) 2011, and the Superannuation Guarantee Administration Act (Cth) 1992. In addition, there are state and federal laws which protect  against discrimination, bullying, and harassment in the workplace.

Health and Safety

The Work Health and Safety Act (Cth) 2011 contains legislation surrounding workplace health, safety, and wellbeing. This Act requires employers to pay attention to their workers’ health, safety, and welfare, especially those employees working in dangerous settings like chemical industries, construction sites, or mining fields.

Under this legislation, employees are eligible for worker’s compensation, basic health insurance, paid leave, and medical allowance if they get injured or fall sick at work. Employers are obligated to provide safety equipment and conduct regular fire and safety training and health inspections to ensure the workplace is safe for employees.

Fair Work

The Fair Work Act (Cth) 2009 provides a safety net of minimum entitlements, enables flexible working arrangements and fairness at work, and prevents discrimination against employees. The purpose of this Act was to foster a healthy working relationship between the employer and the employees and provide all employees with basic employment rights. These rights include the minimum wage, paid leave, compensation for overtime, protection against unlawful dismissal, and health and safety.

Anti-Discrimination

Discrimination falls under the Fair Work Act and state based legislation, depending on the type of discrimination. The Fair Work Act (Cth) 2009, for example,  prohibits an employer from taking adverse action against an employee or a prospective employee for discriminatory reasons. It is unlawful to either directly or indirectly discriminate against a person in all aspects of employment relationships, including in the recruitment and termination stages. Discrimination is prohibited based on the following:

• Age
• Race
• Physical or mental disability
• Gender
• Carer or family responsibilities
• Sexuality
• Skin colour
• Marital status
• Pregnancy
• Religion
• Political opinion
• Social origin
• National origin

What to Do if You Feel Your Employee Rights Have Been Breached

Under Australian labour laws, employees are entitled to certain rights, such as being paid at least the minimum wage, receiving paid leave, having a safe place to work and compensation where appropriate. If you feel that your rights as an employee have been breached, the next step is to find someone to help you navigate employment law. The team here at marshalls+dent+wilmoth are Melbourne workplace lawyers with specialised capabilities in all areas of employment, industrial relations and workplace safety laws. We assist in all matters related to:

• Unfair dismissal and adverse action claims
• Constructive dismissals
• Termination of employment
• Discrimination
• Bullying and harassment
• Workplace safety
• Union right of entry
• Enterprise bargaining and industrial disputes

Need an Employment Lawyer?

If you are looking for an employment lawyer, look no further than marshalls+dent+wilmoth law firm in Melbourne. We can take on anything from large and complex litigation to smaller issues involving private individuals. We aim to build long-term relationships with all our clients because even if your legal issue is a one-off – you never know when you may need us again. Get in touch with us today to find out how we can help you.