Finding employment law

Check your pay and conditions

To check if you have been paid the right amounts of money and given other things you are entitled to, for example, the notice period your employer must give you if they want to terminate your employment, you should look at:

• your employment contact
• your award
• your enterprise agreement
• the National Employment standards.

Your employment contract

If you have a written contract, check to see what it says about your wage, leave payments and leave loading, termination payments and payment in lieu of notice. Your contract must give you at least the same or better conditions as the National Employment Standards or any modern award that covers you.

Your award 

An award sets out minimum pay and conditions for people in an industry or profession.

You can find your award:

• on the Find an award page on the Fair Work Commission website
• by calling the Fair Work Information Line on 131394. 

Before you call the Fair Work Information Line, you should read the Before you call page  to help you prepare and record the details of your call.

Another tool called “Pay and Conditions Tool" is also available at the Fair Work Ombudsman website. It asks you some questions to help work out which award applies to you, and then calculates what you should be paid under that award.

Your enterprise agreement

Enterprise agreements are agreements between an employer and all employees who work for that employer. An enterprise agreement needs to be approved by the Fair Work Commission. 

Enterprise agreements provide information about the terms and conditions of employment and replace any award that may have applied to employees at that workplace.

The minimum wage in an enterprise agreement cannot be less than the minimum wage in the relevant award.

You can search for an enterprise agreement using the Fair Work Commission website. It can help if you know the name of the agreement or the agreement ID number.

The National Employment Standards 

The National Employment Standards have minimum conditions that cover workers in the national system. You can view a copy of the National Employment Standards on the National Employment Standards page on the Fair Work Ombudsman website.

If you are trying to work out how much leave you are entitled to, there is a "Leave Calculator" available at the Fair Work Ombudsman website.

The Fair Work Act  

The Fair Work Act is the law that covers industrial relations for many people working in Australia. 

• Part 2-2 (which has sections 59 to 131) contains the National Employment Standards (NES)
• Part 3-1 (which has sections 334 to 378) deals with general protections.
• Part 3-2 (which has sections 379 to 405) deals with unfair dismissal.

You may also need to refer to the Fair Work Regulations.

To read the Fair Work Act, Fair Work Regulations or the Fair Work Australia Rules, see Legislation & regulations on the Fair Work Commission website.

​If you need help understanding how this information applies to you, you should get legal advice.

Fair Work Commission

The Fair Work Commission (the Commission) is the national employment tribunal. A tribunal is similar to a court. The Commission makes awards (which set out the minimum pay and conditions for employees in Australia). The Commission also resolves disputes between employers and employees through conciliation, mediation and arbitration.

If you want to make an unfair dismissal or general protections dismissal application, you need to file your application with the Commission.

If you have a dispute with your employer about your pay or entitlements, you may be able to make an application to the Commission. 

If you have a question about getting forms or the progress of your application, you should contact the Commission. To contact the Commission, you can:

• go to the Fair Work Commission website
• call 1300 799 675, between 9.00am - 5.00pm, Monday to Friday
• email your enquiry to nearest Fair Work Commission office, or
• visit your nearest Fair Work Commission office.

If you want to contact the Commission about making an unfair dismissal or general protections dismissal application it is a good idea to call the Commission. If you make an online enquiry it may be several days before you get a response.