Workplace rights for new graduates

Starting your first professional job, you might feel you shouldn't make a fuss about anything. You're new, you want to impress and you may not be sure what's normal. But workplace rights in Australia apply from your first day, regardless of how junior you are, how long you've been there or whether you're on probation.

This guide gives a plain-English overview of the key rights that apply to employees, and where to find official information and help. It's general information only. Workplace law is detailed, and your entitlements depend on your award, agreement, contract and circumstances, so check the official sources listed below.

Minimum pay

Employees must be paid at least the minimum rate that applies to them. For many employees, that minimum is set by a modern award covering their industry or occupation, or by an enterprise agreement at their workplace. Others are covered by the national minimum wage. Your contract can provide more than the minimum, but not less.

The Fair Work Ombudsman's website has tools to help you identify your award and check minimum pay rates. If you're on a salary, it's worth checking that the salary covers everything the award requires, such as overtime or penalty rates, for the hours you actually work.

Pay slips and records

Employers must give employees pay slips and keep employment records. Check your pay slips regularly. They should show your pay period, hours (where relevant), rates, deductions and superannuation contributions. If something looks wrong, ask your payroll team or manager.

Superannuation

Employers generally must pay superannuation for eligible employees into a fund. Check that contributions appear in your super account. The ATO website explains the rules and how to check your super.

The National Employment Standards

The National Employment Standards (NES) are minimum entitlements for employees in the national workplace relations system. The Fair Work Information Statement, which your employer must give you when you start, summarises them. They cover matters including:

• maximum weekly hours;
• requests for flexible working arrangements;
• annual leave, personal/carer's leave, compassionate leave and other types of leave;
• public holidays;
• notice of termination and redundancy pay;
• the Fair Work Information Statement and other information statements.

Probation doesn't remove your rights

The Fair Work Ombudsman says employees on probation continue to receive the same entitlements, including the NES. Full-time and part-time employees accrue and can access paid leave during probation. If employment ends, they're entitled to notice and payment for unused annual leave.

Unpaid work

If you're doing productive work that benefits a business, you're generally entitled to be paid. Unpaid arrangements are only lawful in specific circumstances, such as genuine student placements. See our internships and placements guide.

A safe and healthy workplace

Employers have duties under work health and safety laws to ensure, so far as reasonably practicable, the health and safety of workers. This covers physical hazards and psychological health, including risks from stress, bullying and harassment. Workers also have duties to take reasonable care of their own safety and others'.

You should receive safety training relevant to your work. If you see a hazard, report it. Safe Work Australia develops national policy, and each state and territory has a regulator that enforces safety laws.

Discrimination, bullying and harassment

You have the right to be treated fairly at work.

• Discrimination based on protected attributes, such as race, sex, age, disability, sexual orientation, gender identity, pregnancy and others, is unlawful in many circumstances.
• Sexual harassment is unlawful. Employers have obligations to take steps to prevent it.
• Bullying, meaning repeated unreasonable behaviour that creates a risk to health and safety, should be addressed by employers.

If you experience any of these, you can raise it with your manager, human resources or another senior person. You can also seek information from the Australian Human Rights Commission, state or territory anti-discrimination bodies, workplace safety regulators or the Fair Work Commission, depending on the issue.

Workplace rights and protections

Workplace laws protect employees from adverse action, such as being dismissed or treated less favourably, because they exercise a workplace right, such as making a complaint or enquiry about their employment, or because of protected attributes. You have the right to join a union, or not, and to take part in lawful industrial activity, or not.

Flexible working arrangements

Some employees can request flexible working arrangements, such as changes to hours or location. Eligibility depends on factors such as length of service and circumstances, and employers must follow rules when responding. The Fair Work Information Statement includes a summary.

Right to disconnect

Employees have a right to refuse to monitor, read or respond to contact from their employer outside working hours unless the refusal is unreasonable. Check the Fair Work Ombudsman's guidance for how this applies.

Ending employment

If your employment ends, you're generally entitled to notice (or pay instead of notice) under the NES, unless an exception applies, and to be paid for unused annual leave. Some employees may be able to make an unfair dismissal application to the Fair Work Commission, subject to eligibility rules and strict time limits. If you think you've been dismissed unfairly, seek information quickly.

Where to get help

• Your employer. Many issues can be resolved by raising them with your manager or human resources.
• The Fair Work Ombudsman provides free information and advice about pay and workplace rights, and can help resolve disputes. The Fair Work Infoline is 13 13 94.
• The Fair Work Commission deals with certain disputes, including unfair dismissal, general protections and some bullying and sexual harassment matters.
• Unions support and represent members.
• Workplace safety regulators in each state and territory deal with health and safety concerns.
• The Australian Human Rights Commission and state bodies handle discrimination complaints.
• Community legal centres can provide free legal advice.

Keep records

If you have a concern, keep records: your contract, pay slips, rosters, hours worked, emails and notes of conversations (with dates). Records make it easier to resolve issues.

Asking questions about your pay

If you're not sure whether your pay is right, start with your contract, pay slips and the award or agreement that covers you. Use the Fair Work Ombudsman's tools to check the minimum rate. If something still looks wrong, raise it politely with payroll or your manager, ideally in writing, and keep a copy of your message and their response.

Know where your information statement is

Keep your Fair Work Information Statement with your contract. It's a handy summary of your minimum entitlements if questions arise later about leave, hours or ending employment.

Key points

• Workplace rights apply from day one, including during probation.
• You must be paid at least the minimum rate under your award, agreement or the national minimum wage.
• Check pay slips and super contributions regularly.
• Employers must provide a safe workplace free from discrimination, bullying and harassment.
• Free help is available from the Fair Work Ombudsman and other official bodies.