Worker Rights in Australia 2026: Pay, Leave, Safety, Ending Employment
Last updated October 2026
Reviewed by the Australian Unions policy team, October 2026
- Union members in Australia have been winning better rights at work for over 100 years
- Higher pay, stronger safety in the workplace and a better work-life balance – these are fundamental rights that we’ve won that benefit generations of Australians.
- The best way to make the most of the new laws is to join your union.
The National Employment Standards (NES)
The National Employment Standards (NES) are the minimum entitlements for workers in Australia. Other workplace instruments like awards, enterprise agreements and employment contracts cannot provide you workplace conditions that are worse than the National Employment Standards.
- The right to request flexible working arrangements for workers in certain situations (learn more in The National Employment Standards)
- Annual leave – at least four weeks for full-time employees and five weeks for shift workers
- The right to take a paid day off on public holidays (unpaid for casuals) – unless there is a reasonable expectation that you work
- Receiving the Fair Work Information Statement when you start a new job (learn more in The National Employment Standards)
Understanding your workplace rights
For over 100 years, union members have taken action to create better work for all. Whether you’re starting a new job, managing your day-to-day work or leaving an employer, it’s important to understand your workplace rights. These include your entitlements to fair pay and leave, a safe working environment, and fair treatment free from bullying and unlawful discrimination. Explore five key areas to understand your rights, know where to turn when issues arise, and find support when you need it.
1. Pay
Know what you’re entitled to earn, including minimum wages, penalty rates and superannuation.
2. Leave
Your leave entitlements, from annual and sick leave to parental leave and public holidays.
3. Health and safety
Right to disconnect, compensation, injury reporting, working in heat and more. All workers have the right to a safe and health workplace.
4. Ending employment
Notice periods, redundancy and your rights if you believe your dismissal was unfair.
5. Workplace Bullying and Discrimination
Disciplinary meetings, protections available to you, and the steps you can take if you experience or witness these behaviours.
Rights by worker type
Your specific rights and entitlements can vary based on your employment type, but all workers in Australia are covered by a safety net of protections.
Permanent full-time and part-time
These workers typically enjoy ongoing roles with predictable hours and full access to NES entitlements, including paid leave, notice periods, and redundancy protections.
Casual workers
Casual workers receive a casual loading in exchange for some entitlements like annual leave and personal/carers leave. Casual workers are still entitled to paid family and domestic violence leave. And eligible casuals can now request to convert to permanent employment.
Fixed-term contract workers
Fixed-term contracts are generally for a set period and cannot exceed two years, preventing employers from indefinitely renewing contracts to avoid permanent employment obligations.
Migrant workers (visa holders)
Regardless of migration status, migrant workers in Australia are entitled to the same Fair Work protections and workplace rights as any other employee.
For more information, visit Migrant Workers Centre
Gig economy / on-demand workers
New union-won laws allow the Fair Work Commission to set minimum standards for ‘employee-like’ workers on digital platforms, providing unprecedented protections for gig workers.
Apprentices and trainees
Apprentices and trainees have specific minimum wages and conditions outlined in awards or training agreements, ensuring fair treatment during their vocational development.
Where worker rights in Australia come from
In Australia, your workplace rights typically come from one of four places:
Legislation
In Australia, there is a hierarchy of workplace rights. Legislation, including the Fair Work Act 2009 is the most important. The National Employment Standards (NES) are a set of 12 minimum workplace rights that apply to workers covered by the Fair Work Act. Entitlements in enterprise agerements, employment contracts, policies and procedures (or anything else an employer tells you) cannot be less than what is in legislation.
Other important legislation includes: state Occupational Health and Safety laws, the Sex Discrimination Act, state Equal Opportunity laws, the Workplace Gender Equality Act.
Awards
There are currently 122 Modern Awards. Modern Awards provide minimum workplace rights on top of the National Employment Standards. Where the NES applies to all workers, Modern Awards are tailored to specific industries and occupations. Modern Awards provide conditions, such as: pay, allowances penalty rates and overtime, hours of work and information about breaks. Almost all workers are covered by an award.
Enterprise Agreement
Agreements are negotiated by workers in union (and their employers). Workers get to decide through the bargaining process, what terms and conditions matter to you in the workplace. Once an enterprise agreement is made by workers, it is then sent to the Fair Work Commission for assessment and approval. Agreements are made for up to 4 years, but they continue to operate unless they are replaced or terminated. Terms in your agreement can include (among other things): better pay, better consultation rights, better paid parental leave, paid reproductive health leave, better sick and carer’s leave, and better delegate rights.
Important to know
Your enterprise agreement must be better off overall when compared with your modern award. This is called the BOOT. If rates of pay in your agreement fall below the modern award, the award rates of pay must be applied.
If you are not covered by an enterprise agreement, you employer cannot contract out of the terms of your award. This means that the terms in your award apply to you.
Employment Contracts
Contracts often provide workers the first information about your new job. They can include information about your hours of work, pay and location. Contracts can provide better terms and conditions. Contracts cannot provide worse conditions than the NES, a Modern Award or an Enterprise Agreement.
2025-2026 reforms (new rights)
In the last two years, the union movement has won the biggest changes to workers’ rights in this country in generations. These changes deliver new and improved rights that empower millions of workers.
The scale and significance of these wins show what union members can achieve when we campaign and have a Labor government in power, ready and willing to support working people.
Here are some key reforms that rolled out through 2025 and 2026:
- Right to Disconnect (August 2024 / August 2025 for small businesses): Workers can refuse unreasonable contact outside work hours.
- Casual Conversion (August 2024): A new definition for casual employment and an easier pathway for eligible casuals to convert to permanent roles.
- Wage Theft Criminalisation (January 2025): Deliberate wage theft by non-small business employers is now a Commonwealth criminal offence with severe penalties.
- Superannuation on Paid Parental Leave (July 2025): The Federal Government pays 12% super on Commonwealth Paid Parental Leave payments.
- 26 Weeks Paid Parental Leave (July 2026): The maximum amount of government-funded Paid Parental Leave increased to 26 weeks.
- Payday Super (July 2026): Employers must pay superannuation contributions on the same day as wages.
- Baby Priya’s Law (November 2025): New protection means that employers cannot refuse or cancel a workers’ entitlement to employer paid parental leave because their child is stillborn or dies after birth.
- Learn more about recent union-won rights at work
What to do if your rights are breached
If you believe your workplace rights have been breached, it’s crucial to act. Start by gathering all relevant documentation, such as payslips, contracts, and communication records. Politely raise your concerns with your employer in writing as an example below:
Subject: Concern about my workplace rights
Dear [Manager/Employer’s name],
I am writing to raise a concern about [briefly describe the issue].
I believe this may have affected my workplace rights. The issue is:
- [Explain what happened, including dates and relevant details]
- [Explain how this has affected you]
- [Include any relevant pay, hours, leave or workplace conditions]
I have attached/provided the following documents to support my concerns:
- [Payslips]
- [Employment contract or agreement]
- [Relevant emails, messages or other records]
- [Other supporting documents]
I would appreciate it if you could review this matter and provide a written response. I would also like to understand what steps will be taken to resolve the issue.
Please let me know if you need any further information from me.
Kind regards,
[Your name]
[Job title/position]
[Contact details, if appropriate]
If the issue remains unresolved, or you need support, contact your union immediately. Unions provide expert advice, can help mediate disputes, and represent you in formal processes with bodies like the Fair Work Commission or Fair Work Ombudsman, ensuring you are not alone in navigating complex workplace laws.
How your union helps you use these rights
Unions are at the forefront of protecting and advancing worker rights in Australia. By joining your union, you gain access to a powerful collective that:
- Provides expert advice: Understand your entitlements and the latest changes in workplace law.
- Offers free representation: Get support in disciplinary meetings, dispute resolution, and unfair dismissal claims.
- Helps with claims: Navigate complex processes for issues like unpaid super or compensation.
- Empowers delegates: Support workplace representatives who can directly address issues with management.
- Strengthens bargaining power: Negotiate for better pay and conditions beyond the minimum through collective agreements.
Union members have consistently won significant improvements, from the establishment of superannuation to recent gains like paid family and domestic violence leave and the right to disconnect, proving that collective action creates real change.
Frequently Asked Questions
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What rights do all Australian workers have?
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All workers in Australia are covered by the 12 National Employment Standards (NES), which include minimum entitlements like annual leave, sick leave, public holidays, and maximum weekly hours. These are the foundational rights for everyone.
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Do casuals have the same rights as permanent staff?
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Casuals do not have the same rights as permanent staff, often lacking paid leave and job security. However, they receive a casual loading and paid family and domestic violence leave, thanks to new laws, eligible casuals can now request conversion to permanent employment.
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What is an award? And how do I know if I’m covered by one?
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An award is a safety net that applies to workers covered by the national workplace relations system. There are 122 modern awards which apply to employers and workers depending on your occupation or industry that you work in. If you are covered by an award, then this is the minimum that you must be paid.
If you are not sure what award covers you, talk to your union delegate or call the union office.
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What if my employer breaches my rights?
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If your employer breaches your rights, document everything, raise it with them in writing, and then contact your union. Your union can provide information, advice, representation, and help you escalate the issue to the Fair Work Commission or Ombudsman.
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Are workplace rights the same in every state?
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The National Employment Standards applies to most workers in Australia.
However, the NES only applies to workers covered by the ‘national workplace relations system’. This means that some state public sector workers, local government workers (and some private sector workers in Western Australia) are not covered by the NES.
If you have a question or need support, talk to your union delegate or call the union office.
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Can I be sacked for joining a union?
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No, it is illegal for an employer to sack or discriminate against you for joining a union or participating in lawful union activities. Union membership is a protected workplace right.
If your workplace does treat you bad in any way because you joined the union, raise this with your union immediately.
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What if I’m a migrant or visa worker?
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Migrant workers and visa holders in Australia have the same workplace rights and protections as Australian citizens. Regardless of your migration status, you are entitled to fair pay and conditions under Australian law. For more information, visit Migrant Workers Centre
Go deeper
Are you already a union member?
Reach out to your union for more specific information about how you and your workmates can make the most of your rights at work.
Not yet a member?
Joining your union is the most powerful decision you can make to protect your rights at work.