Get work ready

Introduction

This resource tells you about:

• your rights at work
• where you can get more information
• where you can get help if your rights are not respected, and
• what you can get out of taking action.

What are your rights at work?

Your boss has to follow employment laws and make sure that your workplace is safe. This means:

• you should get the right pay
• your boss can’t fire (sack) you or end your job without good reasons
• no one should discriminate against you
• no one should sexually harass you
• no one should bully you
• you can ask for workers compensation if you get sick or injured because of work
• you can speak up and get help if something is wrong at work, and
• your boss should not punish you for speaking up.

Your pay

• Your boss must pay you the ‘award wage’ or more.
• How much your award wage is depends on your job and your age. You can find your award wage online using the Fair Work Ombudsman pay and conditions tool.
• Your boss should give you a payslip that tells you how much pay you get.
• Make sure you have a Tax File Number (TFN) so you pay the correct tax. You can apply for a Tax File Number online or at a post office.
• Your boss should pay ‘superannuation contributions’ (super) as well as your pay. Your boss pays your super into your superannuation fund.

Rules about unpaid work

You should always get paid for the work that you do. But your boss can ask you to do:

• a short trial work shift for no pay so you can show that you can do the job
• an ‘internship’ – but they must also give you rewards other than money (for example, experience, connections or a future job).

Safe work

• Your boss must make sure that your workplace is safe.
• Your boss should give you the proper training and tools to do your job.
• Do not be afraid to ask for help if something is not safe.

Workers compensation

• Your boss must have insurance for workers called ‘workers compensation’.
• If you get sick or injured (physically or mentally) because of work, you can ask for workers compensation.
• Workers compensation may pay you money for time you have to take off work and for medical treatment you need to get better.
• If you get sick or injured because of work, you should tell your boss straight away.

Bullying

• Bullying can be things that people say or do to you that make you feel hurt, scared or upset.
• To be bullying it must happen more than one time.
• It can be online or in person.
• You are not safe at work if you are being bullied.

Sexual harassment

• If someone at work makes you feel uncomfortable or embarrassed by talking about sexual things, that is sexual harassment
• For example, if someone asks you on a date, compliments you on the way you look or makes a sexual joke.
• If someone at work makes you feel uncomfortable or embarrassed by doing sexual things to you or around you, that is sexual harassment.
• For example, if someone touches you anywhere on your body, it can be sexual harassment.
• Even if the person saying or doing things is not trying to embarrass or upset you, it can still be sexual harassment.
• Sexual harassment is against the law. It is not OK.

Discrimination

• Discrimination is when people treat you unfairly because of who you are.
• It can happen because of your race, sex, age, disability, caring responsibilities, pregnancy, gender identity, sexuality or intersex status.
• Discrimination might look like this:
  • You are at a job interview and they ask you if plan to have kids.
  • Your boss stops giving you shifts after finding out you have anxiety.
  • People at work make fun of you because you are queer.
  • Someone at work makes a racist joke that you can hear.
  • You ask for a day off work to look after your sick mum or child and get fired because of it.
  • Your boss checks only your bag because of your skin colour.
  • You tell your boss you need an extra toilet break when you are working because of a health problem you have, and your boss says ‘no’.
  • You do not get a promotion at work because you are a woman – even though you are qualified.

Speaking up

• You have the right to stand up for yourself if you are treated unfairly at work.
• If you are treated badly or punished for standing up for your rights, this is called ‘victimisation’.
• Victimisation is against the law. It is not OK.

Losing your job

• Your boss must have good reasons for ending your job.
• If your boss wants to end your job, they have to follow rules about how they do it. For example, if they say you are not doing a good job they should tell you what the problem is and give you a chance to get better at it.
• If you lose your job and you think it’s unfair, get legal advice as soon as you can.

What you can do

1. Know your rights.
2. Get more information about your rights at work.
3. Write down what is happening at work — who said or did things and when they said or did them.
4. If you feel comfortable, talk to the other person about how what they said or did made you feel.
5. Talk to someone you trust — friends, family, teachers, a counsellor a workmate.
6. Get free advice from a lawyer about your situation and your options.

What you may get from taking action

• The chance to explain how someone’s actions or words made you feel.
• The other person may realise they did the wrong thing and say sorry.
• Your workplace may make changes to try to stop the same thing from happening again. For example:
  • introducing an anti-racism policy
  • training all staff on disabilities
  • introducing flexible work hours
  • asking fair questions in a job interview, or
  • firing the person who said or did the wrong thing.
• Money for counselling you need because of the work problems.
• Money for wages you have lost because you were paid under the award wage or because you lost your job unfairly.
• Money for the hurt you felt because of the work problems.
• Superannuation money that your boss owes you.

Deadlines

If you want to talk to a lawyer, do it as soon as you can. The law says you have deadlines to start a legal case. If you have lost your job, the shortest deadline you have could be 21 days. Or it could be a lot longer. Be safe and get advice early!

Updated July 2024