In Australia, the entitlements of employees may depend on the type of employment they fall under. To see the full list visit the Fair Work’s Ombudsman on Types of Employees.

Generally, there are four main types:

1. Full-Time
   
   A full-time employee usually works an average of 38 hours per week and are generally employed on a permanent of fixed-term contract basis. They receive various entitlements such as paid leave, including annual leave, sick and carer’s leave, family and domestic violence leave.
   
   

   Read about Full-time Employees to learn about more

2. Part-Time
   
   

   A part-time employee generally works less than 38 hours per week and their hours are usually regular each week. Oftentimes, they are employed on a permanent or on a fixed-term basis.

   Part-time employees are entitled to similar entitlements as a full-time employee but on a pro-rata basis. This includes, paid leave such as annual leave, sick and carer’s leave and 10 days paid family ad domestic violence leave.

   Read about Part-time Employees to learn about more.

3.  Casual
   
   

   A casual employee is an employee whose employment does not have a firm commitment of ongoing work. Casual employees typically have a more flexible and irregular work arrangement compared to permanent employees, with no guarantee of hours or regular shifts.

   A casual employee is not entitled to paid leave. However, they do receive a ‘casual loading’ or specific casual pay rates under an award, registered agreement, or employment contract which is generally 25% on top of the base rate of pay.

   Read about Casual Employees to learn about more.

   
   
4.  Fixed-term Contract
   
   

   A fixed-term contract employee is usually employed on a contract that terminates at the end of a set period. If you are employed under a fixed-term contract, your employer must give you a copy of the Fixed Term Contract Information Statement (FTCIS). A fixed-term employee is entitled to the different benefits, depending on whether they are employed on a full-time, part-time, or casual basis. This employment, however, is set for a fixed term. An employee can’t be kept on a fixed term contract for longer than two years. Rules like these are to encourage employers to provide ongoing employment.

   An employee can’t be offered a new fixed term contract if the first 3 points below all apply, and one or more of the scenarios in the 4th point applies.
   
   1. Their previous contract was also for a fixed term.
   2. Their previous contract and the new contract are for mainly the same work.
   3. There is substantial continuity in the employment relationship between the previous and new contracts, and
   4. Either:
           a. the previous contract contained an option to extend that was used
           b. the total period of employment for both the previous and new fixed term contract is more than 2 years
           c. the new fixed term contract contains an option to renew or extend, or
           d. there was an initial contract in place (before the previous contract):
           e. that was for a fixed term,
           f. that was for the same or similar work, and
           g. where there was a substantial continuity in the employment relationship.
   
   

   There are also protections intended to prevent employers from avoiding rules such as these (e.g. by ending the employee’s employment and giving the same work to someone else).

   Read about Fixed-term Contract Employees to learn about more.

In Australia, there are laws and rules which protect you and your rights in the workplace. These include the National Employment Standards (NES) which list the minimum employment entitlements that must be provided to all employees.

Other workplace instruments can’t provide for conditions that are less than the National Employment Standards and often provide additional protection and rights. This includes an:

• award
• employment contract
• enterprise agreement or other registered agreement.

A few notable entitlements you may have under the NES are:

• Full-time and part-time employees get 4 weeks of annual leave, based on their ordinary hours of work.
• An employer must not require an employee to work more than 38 hours unless additional hours are reasonable or there is a specified agreement
• Under the super guarantee, employers must pay super contributions of at least 11.5% of an employee’s ordinary time earnings when an employee is over 18 years old or under 18 and working over 30 hours a week. (This will rise to 12% from July 2025).

For a full list of the minimum NES entitlements, visit National Employment Standards.

Red Flags to Watch Out for

If you are unsure of whether your employer is doing the right thing or not by you, keep an eye out for a few of these red flags (which often breach workplace law):

• Lack of written agreements or a contract.
• Unclear terms of the type of employment you fall under (ex. Casual, full-time, part-time, etc).
• Failure to provide necessary work documents such as payslips.
• Lack of information about which award you fall under.
• Unusual payment arrangements such as being paid in cash or working without pay for a trial period.
• Unclear job description or workplace responsibilities.
• Pressure to work off the clock without pay.
• No work health, and safety measures.
• Sham Contracting, such as if an employer tells you to set up an ABN (Australian Business Number) to operate as a sole trader even though the work you perform is more like an employee. This type of arrangement is typically used to bypass the legal requirement to pay you your minimum entitlements such as superannuation and worker’s compensation.
• Your employer not paying you superannuation or deducting tax as required.

If you spot any red flags and they concern you, it may be a good idea to raise them politely with your employer. However, if you do not feel that it is safe to do so, you are also more than welcome to contact someone who can help, such as a lawyer, a worker’s union, or Fair Works Ombudsman.

Before Starting an Employment

Unpaid trials

Before starting a new job, you might be asked to perform an unpaid trial shift to be assessed for the position you’ve applied for. This should be made clear before you start the trial. In some cases, unpaid trials are legal, such as if you are asked to try a short shift (eg: 1 or 2 hours) or demonstrate you have the skills required for the job.

Awards and Agreement Cover

Your employer should make clear to you what award or agreement you are covered under and give you sufficient time to read it over before signing.

Your award or agreement should not exclude the NES or include conditions that are less than the NES.

Find my Award can help you work out which one applies to you. If your workplace has a registered agreement, approved by the Fair Works Commission, you can find enterprise agreements here.

Types of Employment and Pay Rates

Your employer should specify what kind of employment you are being hired as, whether that is part-time, full-time, as a casual employee, or other. They should also be clear with you about the wages you will be earning, which should match the National Minimum Wage, the rates under your Award, or under a Registered Agreement.

To calculate your payrates in accordance with an award (if applicable) you can use the Pay and Conditions Tool.

About Your Pay and Payslips

All employees are entitled to receive a payslip within one (1) day of being paid.

Your payslips must record:

• Your name
• Your employer’s name and ABN
• Pay period
• Date of payment
• Total payment amount including number of hours worked at each rate and hourly rate
• Any loadings and bonuses paid
• Deductions*
• Tax withheld
• Superannuation payments made

*Your employer cannot deduct money from your salary or ask you to pay out of pocket for things without your agreement or consent.

What do I do if I think I have been underpaid?

If you think you are being underpaid, you should consider:

1. Reviewing your Award and Contract
2. Review the Pay and Conditions Tool Calculator
3. Write to your employer, in a polite manner, noting the reasons you think you have been underpaid.
   1. If you can, you should also provide evidence as well of the calculations of they pay owed;
4. If you are unable to resolve the matter, you should seek legal advice and/or contact the Fair Works Ombudsman.

International Student? The Assurance Protocol applies for you.

If you are working on a student visa or certain temporary work visas, the Assurance Protocol applies to you. This protocol is an agreement between the Fair Work Ombudsman and Home Affairs so that visa holders can seek help from workplace exploitation without fear of having their visa cancelled for breaching work-related visa conditions.

We recommend you seek legal advice BEFORE making a complaint to the Fair Works Ombudsman.

Breaks

Generally, most employees are entitled to a minimum 30-minute unpaid break after working for five hours. Be sure to check your award or agreement to confirm the specific breaks you’re entitled to.

Workplace Safety

You have the right to feel safe at a workplace. Employers and employees have a duty to ensure that the workplace and work processes are as far as possible free of risk to health and safety. Whether this is from physical harm, discrimination, bullying, workplace harassment, or being a witness to these forms of harm.

If you believe you are being treated in a way that is unsafe for you to work or continue working, or would like to learn more, do seek assistance and we will always be happy to help. Whether that is through legal education, giving advice, helping you take action, or referring you to someone who can help.

If you would like to learn more about workplace safety, visit Respect @ Work.

Leaving your workplace

Employment may end for many different reasons whether you choose to resign, or you are dismissed. When terminating an employment there are a few rules that you should keep in mind.

As a casual employee, you can generally end your employment, or your employee can end your employment without notice unless required by an agreement, award, or employment contract. For part-time or full-time workers, other rules may apply in terms of providing a formal notice of resignation or dismissal. You are not obligated to provide a reason for ending an employment, but you may be asked by your employer about it.

When you leave a workplace, here are a few things to know:

• Terminate your employment or provide adequate notice in writing.
• You may be asked to provide a handover document to make transition arrangements easier.
• You are entitled to receive your final pay, with any final payouts including your unused leave and superannuation.
• You may be asked to do an exit interview.
• You cannot be coerced to resign.

Unfair dismissal

Unfair dismissal occurs when an employee dismisses you from your job in an unjust, harsh, or unreasonable manner. It may be unlawful to dismiss you if you are dismissed because you raised your rights, such as making a complaint about an underpayment of way or for sexual harassment or bullying.

Employees need to apply to the Fair Work Commission within 21 days of the dismissal taking effect. The 21-day period starts the day after the dismissal.

To see if you are eligible to claim for Unfair Dismissal, try this quiz.

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