Australia (AU)
Australia is the world's sixth-largest country by area and one of the most urbanised nations on Earth, with over 85% of its 27 million people living in coastal cities.
Employment Rights
Sick leave, dismissal protection and red flags in Australia.
Australia's employment law framework is the Fair Work Act 2009, administered by the Fair Work Commission (FWC) and the Fair Work Ombudsman (FWO). The National Employment Standards (NES) are 11 minimum entitlements that cannot be contracted out of. Modern Awards set minimum pay and conditions for specific industries and occupations. Enterprise Agreements can provide above-award conditions. All workers in Australia — regardless of visa status — are entitled to their legal minimum employment rights.
Sick leave
Rules: Notify your employer as soon as practicable when you are unable to work due to illness or injury. Contact the employer before your shift starts (or within a reasonable time) via telephone, not just text message in most workplaces.
Doctor note: An employer can request evidence (medical certificate or statutory declaration) for any absence, but typically this is required from day 3 or if the employer has "reasonable grounds" to require it. Many enterprise agreements require a certificate from day 1 — check your employment contract and applicable award.
Employer pay: Full base salary for all personal/carer's leave days. The NES provides 10 days paid personal/carer's leave per year for full-time employees (pro-rata for part-time). This leave accrues from the first day of employment and carries over year to year (no use-it-or-lose-it rule).
Long-term: No statutory long-term illness income replacement benefit. After paid leave is exhausted, workers can access unpaid leave or apply to Centrelink for JobSeeker payment (subject to waiting periods for new arrivals — NARWP). Income protection insurance (private) is the gap-filler for long-term illness.
Dismissal protection
Law: Unfair dismissal under the Fair Work Act applies after the minimum employment period is served. A dismissal is unfair if it was "harsh, unjust or unreasonable." The FWC considers: whether there was a valid reason, whether the employee was notified and given an opportunity to respond, and whether the size of the business affected procedures. Small business employers must follow the Small Business Fair Dismissal Code.
Deadline to sue: 21 calendar days from the effective date of dismissal to file an unfair dismissal application with the Fair Work Commission. This is an ABSOLUTE deadline — late applications are almost never accepted. File online at fwc.gov.au. The process is designed to be accessible without a lawyer.
Probation
There is no statutory "probationary period" under the Fair Work Act — the concept exists in practice under employment contracts. The unfair dismissal protection minimum employment period is 6 months for employers with 15+ employees and 12 months for small business employers (fewer than 15 employees). During this period, employees cannot make an unfair dismissal application, but general protections (adverse action, discrimination) apply from day one.
Notice periods
NES minimum notice for employers: 1 week (under 1 year); 2 weeks (1–3 years); 3 weeks (3–5 years); 4 weeks (5+ years); +1 week if employee is over 45 with 2+ years service. Employees must give the notice specified in their employment contract or applicable award. Payment in lieu of notice is permitted.
Working time
Max hours: Full-time employees: maximum 38 ordinary hours per week. Employers can request "reasonable additional hours" — what is reasonable depends on the industry, role, and the employee's circumstances. An employee can refuse unreasonable additional hours.
Min rest: 10 hours minimum rest between shifts (for most Modern Awards — varies by award). Minimum 30-minute unpaid meal break after 5 hours of work (most awards). The Fair Work Commission can vary these minimums by award.
Overtime: Overtime penalties (150–200% of ordinary rate) apply under most Modern Awards. Many salaried professional roles have overtime absorbed into the annual salary under an "all-in" contract. Casual employees receive a 25% casual loading instead of paid leave entitlements.
Vacation
NES minimum: 4 weeks (20 days) paid annual leave per year for full-time employees. Casual employees do not accrue annual leave. Leave loads (additional 17.5%) are payable on leave under most Modern Awards. Leave accrues from the first day of employment. Unused leave accumulates indefinitely and is paid out on termination. An employer can direct employees to take leave during a shutdown period (e.g. Christmas) with sufficient notice under the Fair Work Act.
Anti-discrimination
The Fair Work Act prohibits adverse action (dismissal, reduced pay, changed duties) against employees for exercising a workplace right or because of a protected attribute. Protected attributes include: race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction, and social origin. The Australian Human Rights Commission (AHRC — humanrights.gov.au) handles complaints under federal anti-discrimination law (Racial Discrimination Act, Sex Discrimination Act, Disability Discrimination Act, Age Discrimination Act).
Contract red flags
- !Annual salary below the applicable Modern Award minimum rate — always check your award at fairwork.gov.au/pay-and-wages/pay-rates
- !"Contractor" arrangements that look like employment (same hours, same tools, same workplace, no ABN) — this is sham contracting and illegal under the Fair Work Act
- !Unpaid trial shifts of more than 1–2 hours — employers must pay the award rate for all time worked
- !Visa sponsorship obligations that require repayment of costs if you leave — these "training bonds" are heavily regulated and mostly unenforceable
- !Confidentiality clauses that prevent you from discussing your salary with colleagues — largely unenforceable under Australian law
- !Termination for cause clauses that bypass the unfair dismissal process — the Fair Work Act sets minimum standards that cannot be contracted out of
- !Hourly rate below the National Minimum Wage — A$24.95/hour from 1 July 2025; rising to A$26.44/hour from 1 July 2026 (FWC Annual Wage Review 2026 decision). Most award workers have higher award-specific minimums.
- !Missing superannuation (super) payments — employers must pay 11.5% of ordinary earnings into your nominated super fund from day 1 (rising to 12% from 1 July 2025). Non-payment is an ATO offence.
- !Casual employment classification when work is regular and systematic with a firm advance commitment — you may be entitled to convert to permanent employment under the Fair Work Act casual conversion provisions.
- !Missing Fair Work Information Statement and/or Casual Employment Information Statement — employers must provide these at the start of employment; failure is a red flag for non-compliance.
Employment Rights
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