Australia has a strong framework of workplace laws designed to protect the rights of employees.
While most employees know their key rights such as minimum wage, leave entitlements, and protection from unfair dismissal, there are several lesser-known rights that employees may not be fully aware of.
Understanding these rights can help employees ensure they are treated fairly and empower them to take appropriate action.
1. Right to Request Flexible Working Arrangements
Under the Fair Work Act 2009, certain employees have the right to request flexible working arrangements, and employers are required to consider these requests seriously.
This can include changes to work hours, location, or work patterns to accommodate personal circumstances such as caring responsibilities or a disability.
Who is eligible?
- Parents or carers of children under school age
- Employees with a disability
- Employees who are 55 years or older
- Employees experiencing domestic violence
Employer’s obligations: While employers can refuse a request, they must do so on reasonable business grounds and must respond in writing within 21 days.
2. Right to Be Paid for Overtime Work
Many employees are unaware of their entitlement to be paid for overtime hours worked beyond their regular hours. Depending on the employee’s award, enterprise agreement, or employment contract, employers may be required to pay employees extra for working beyond their standard hours.
Key points to remember:
- Overtime pay typically applies when employees work beyond the standard weekly hours.
- Employees covered by an award or agreement should check their specific conditions, as overtime rates vary.
If an employee is unsure of their rights, it’s important to seek advice, as being paid fairly for overtime is a crucial right.
3. Right to Paid Domestic Violence Leave
As of February 2023, employees in Australia are entitled to 10 days of paid domestic violence leave. This leave is available to full-time, part-time, and casual employees who are experiencing domestic violence and need time off to seek help, relocate, or attend court hearings.
Why this is important: This leave is separate from personal or sick leave, meaning employees don’t have to use their other entitlements to address issues related to domestic violence.
4. Right to Notice of Termination
Employees are entitled to be given notice before their employment is terminated, whether by resignation or dismissal. The length of notice depends on the employee’s length of service, but even casual employees may be entitled to notice in some cases.
Notice periods:
- Less than 1 year of service: 1 week
- 1-3 years of service: 2 weeks
- 3+ years of service: 3 weeks
If the employee has been employed for more than 1 year, they may also be entitled to severance pay (redundancy pay) depending on the circumstances.
5. Right to Privacy in the Workplace
Employees have a right to privacy, which includes the protection of their personal information. Employers cannot disclose personal information without consent unless required by law.
Examples of workplace privacy rights:
- Protection of personal details such as home address, health information, and financial data.
- Restrictions on employer monitoring of emails or phone calls unless it’s justified by business reasons.
- Employees also have the right to limit access to personal social media accounts and digital communications in certain circumstances.
6. Right to Be Free from Discrimination
Under Australian law, employees have the right to work in an environment free from discrimination. This includes protection against discrimination based on race, gender, age, disability, sexual orientation, or religion. While many are familiar with this right, the breadth of its coverage is sometimes not fully understood.
Discrimination includes:
- Direct and indirect discrimination in hiring, promotion, or training.
- Harassment or bullying related to protected attributes.
- Workplace policies that disadvantage certain groups.
Employees who experience discrimination have the right to lodge a complaint with the Australian Human Rights Commission or Fair Work Commission.
7. Right to Safe and Healthy Working Conditions
Workplace health and safety laws are in place to protect employees from physical harm, but employees also have a right to a mentally safe environment. This includes protection from bullying, harassment, and undue stress. Employers are legally required to provide a safe and healthy workplace, and failure to do so can result in penalties.
Key considerations:
- Employees can refuse to work if they believe their health and safety are at risk.
- Employees have a right to report safety issues or unsafe practices without fear of retaliation.
- Employees can request ergonomic assessments or adjustments to their work environment if needed.
8. Right to Parental Leave and Return to Work
In addition to the well-known entitlement of maternity leave, Australian employees are entitled to parental leave, including paternity and adoption leave. Employees also have the right to return to the same position or an equivalent role after taking parental leave.
Entitlements:
- Up to 12 months of unpaid parental leave (with the option for an additional 12 months in some cases).
- Return to the same or an equivalent role after the leave period.
Key note: Employers must not dismiss or treat employees unfavourably because they take parental leave.
9. Right to Annual Leave Loadings
Employees covered by a Modern Award or enterprise agreement may be entitled to receive an annual leave loading when they take annual leave. This typically adds an extra 17.5% on top of the regular pay when an employee takes annual leave.
Why it’s important: Annual leave loading ensures employees are compensated for the inconvenience of not working while on leave, especially during holiday periods when they may have additional expenses.
10. Right to Request a Pay Rise in Line with Fair Work Commission’s Minimum Wage Decision
Each year, the Fair Work Commission reviews the national minimum wage. Employees on a minimum wage award or agreement are entitled to a pay rise in line with this decision.
Employees covered by an award: They are entitled to receive the increase in their wage once it’s implemented by the Fair Work Commission, which generally occurs on 1 July each year.
While most employees know some basic rights in the workplace, many need to be made aware of lesser-known entitlements that can significantly improve their work experience.
From flexible work arrangements to paid domestic violence leave and protections against discrimination, employees in Australia have a range of rights that help ensure they are treated fairly and respectfully in the workplace.
Employees need to educate themselves on their rights and seek advice or support when necessary to safeguard their well-being and career progression.
