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Work – frequently asked questions
How do I know if my employer is paying me properly?
What can I do if I think I’m not getting paid properly?
My boss wants me to sign an employment contract. What is this?
How is the law about employment agreements changing?
How can I find out what I’m entitled to in my job?
What can I do if I think something at my workplace is unsafe?
What can I do if I’m being bullied at work?
What are my rights if I think I’m being discriminated against at work?
How much notice do I have to give when I resign?
What is the difference between unfair dismissal and unlawful dismissal?
How do I know if my employer is paying me properly?
There are minimum rates of pay for all employees in Victoria. Your contract or workplace agreement can give you a higher rate or pay, but no employer can give you less than the minimum rate for your job and classification.
For details of what your minimum rate of pay should be, see Australian Fair Pay Commission (link below) or contact the Fair Work Infoline on 13 13 94. The infoline can also tell you what terms and conditions you are entitled to.
You are entitled to get regular payslips from your employer that show how you’re being paid. Your payslip should include:
- how much you are paid per hour
- how many hours you’ve worked in the pay period
- the amount you’ve earned in that period
- the amount of tax paid
- the amount of superannuation.
Sometimes a new employer will ask you to work for some time without being paid, to see whether you are ‘right’ for the job. This is called unpaid trial work and it is against the law.
Related websites
Australian Fair Pay Commission (new window)
What can I do if I think I’m not getting paid properly?
There are minimum rates of pay for all employees in Victoria. Your contract or workplace agreement can give you a higher rate or pay, but no employer can give you less than the minimum rate for your job and classification.
For details of what your minimum rate of pay should be see see Australian Fair Pay Commission (link below) or contact the Fair Work Infoline on 13 13 94. The infoline can also tell you what terms and conditions you are entitled to.
Check if you’re being paid your correct entitlements. If not, discuss this with your employer. If they don’t correct the situation the Fair Work Ombudsman has the power to make your employers pay the minimum wages and entitlements.
You can make a complaint to the Fair Work Ombudsman by telephone, in person, or online by downloading the claim form from their website. Provide as much evidence, as possible, such as payslips, timesheets or group certificates, with your complaint.
Related pages
Work & superannuation complaints
Related websites
Australian Fair Pay Commission (new window)
Fair Work Ombudsman (new window)
My boss wants me to sign an employment contract. What is this?
An employment contract is an agreement between you and your employer. It should include:
- your duties
- how many hours you will work
- the days you will work
- where you will work
- how much you will be paid
- your employment status
- your employment conditions, including leave and other entitlements.
Make sure you keep a copy of any contract you sign. Once you sign a contract, it usually becomes legally binding. There are only a few things that would not make a contract legally binding. These include:
- being forced to sign or agree to the contract against your will
- not being able to understand what you are agreeing to and the other person knows this.
A verbal agreement can also be legally binding, but the terms of a verbal contract are often harder to prove without written evidence. It’s always better to get a written contract so you can get advice about the terms and conditions before you sign.
Australian Workplace Agreements (AWAs) are individual, written employment contracts between an employer and an employee. They set down the employment terms and conditions for the employee. From March 2008, AWAs were replaced by Individual Transitional Employment Agreements.
The Fair Work Infoline (phone 13 13 94) or JobWatch can give you more information about employment contracts and workplace agreements. Contact the Fair Work Ombudsman if you think you’ve been forced into an agreement or deliberately misled.
Related websites
Fair Work Ombudsman (new window)
How is the law about employment agreements changing?
Until 2008, employers were registering Australian Workplace Agreements (AWAs) with employees. AWAs are individual, written employment contracts between an employer and an employee.
AWAs are being phased out and cannot be made or varied after 28 March 2008. AWAs made before this date must be lodged by employers before 11 April 2008. AWAs have been replaced by Individual Transitional Employment Agreements (ITEAs).
ITEAs are agreements between an employer and an employee. They are a temporary measure to prepare for changes that are being developed.
Although no new AWAs can be made, AWAs that are already registered will be recognised until they are terminated or until they expire.
From April 11 2008 AWAs can only be varied if it is necessary to comply with the fairness test (if there is prohibited content) or if an order is made by the Federal Court. In other circumstances AWAs will have to be replaced by ITEAs.
After AWAs and ITEAs have expired, employees will be free to join collective agreements and will also be allowed to participate in a ballot for approved industrial action.
The Fair Work Infoline (phone 13 13 94) or JobWatch can give you more information about employment contracts and workplace agreements.
Related pages
Changes to workplace laws – new law
Related websites
Fair Work Ombudsman (new window)
How can I find out what I’m entitled to in my job?
All employees have entitlements, even if they are not in writing. These entitlements are often called ‘conditions’.
As well as conditions set out in an employment contract, there are a number of broader conditions that may affect you, including:
- federal awards setting out wage rates and conditions for groups of employees across industries
- minimum wages, which are set and adjusted by the Australian Fair Pay Commission
- the Australian Fair Pay and Conditions Standard, which sets out five minimum employment conditions that most employees are entitled to
- certified agreements setting out conditions for a whole group of people in a workplace (rather than individual workers), also known as ‘enterprise agreements’
- Australian Workplace Agreements (AWAs) or Individual Transitional Employment Agreements (ITEAs), which are individual, written employment contracts
- other workplace agreements for groups (‘collectives’) of workers, such as:
- employee collective agreements
- union collective agreements
- union greenfields agreements
- employer greenfields agreements
- multiple business agreements.
It can be confusing to work out what you’re entitled to. The Fair Work Infoline (phone 13 13 94), your union or JobWatch can give you more information.
Related websites
What can I do if I think something at my workplace is unsafe?
If you see something you think is unsafe tell someone like your supervisor or occupational health and safety officer. You have the right to a healthy and safe workplace. You should not have to work with unsafe equipment, unsafe work systems, or people who hurt you.
In Victoria, the law says that employers and employees are responsible for healthy, safe workplaces. This means that both you and your employer must make sure your workplace is safe and without risks to your health or the health of your co-workers.
It also means you:
- must take care when you’re working so that you do not hurt yourself or others
- should tell co-workers and management when equipment is unsafe
- should not do anything that could put people in danger, such as practical jokes that might hurt someone.
If you are an independent contractor or an employee of a labour hire company, the company that is hiring you is responsible for your health and safety if they have control of the work. This means they have the same responsibility for you as they do for other their employees.
The WorkSafe Victoria manages the state’s workplace safety system.
Related websites
WorkSafe Victoria (new window)
What can I do if I’m being bullied at work?
Everyone has the right to have a workplace that is free from violence, victimisation and harassment.
Bullying is unreasonable behaviour that creates a risk to your health and safety. It may include practical jokes, freezing someone out, or putting them under too much supervision.
If you are bullied at work the first step is to tell people you trust about it. You should also tell your employer and ask for the incidents to be recorded. Get a copy of the incident report as soon as possible.
It’s a good idea to keep a written record of what’s happened, including the dates and times of incidents, who was involved, and anyone who may have seen what happened.
If you have been injured you should see a doctor. An injury includes effects on your mental health, such as depression. The doctor may give you a Worksafe medical certificate.
If you are unable to resolve the bullying yourself, get advice from an employment law specialist or JobWatch.
Related pages
Related websites
WorkSafe Victoria (new window)
What are my rights if I think I’m being discriminated against at work?
Unlawful discrimination is when you are treated less favourably than other people on the basis of a personal characteristic which is protected by law. These characteristics can include your age, sex, race, religious belief or activity, or disability.
It is also unlawful to discriminate against you because you are associated with someone who has, or is assumed to have, one of these personal characteristics.
The law also says you must not be discriminated against at work, whether you’re a job applicant, an employee or an independent contractor. For example, it can be discriminatory for an employer to:
- ask interview questions to get information that could be used to discriminate against someone, such as asking a woman if she plans to have a family to avoid employing anyone who may go on maternity leave
- refuse to employ someone for a discriminatory reason
- have unfair employment conditions that a person can’t meet because of a personal characteristic, such as having an office space that can’t be accessed by a person in a wheelchair
- refuse or limit access to opportunities for promotion, transfer or other employment benefits because of a discriminatory reason
- terminate a person’s employment on a discriminatory ground.
If you think you are being discriminated against you may be able to make a formal complaint. Contact JobWatch or the Victorian Equal Opportunity and Human Rights Commission.
Related websites
Victorian Equal Opportunity and Human Rights Commission (new window)
How much notice do I have to give when I resign?
If you are a permanent worker, check whether you have a document that explains the rules about leaving your job. This could be an employment contract, an award or a workplace agreement.
If you don’t have a document like this, you need to give your employer at least the minimum amount of notice before you leave. The minimum amount of notice depends on how long you’ve worked in the job.
If you don’t give the correct amount of notice your employer may withhold money from your final pay.
Before you resign, call the Fair Work Infoline on 13 13 94 to confirm the minimum amount of notice you have to give.
What is the difference between unfair dismissal and unlawful dismissal?
Unfair dismissal means that you think your dismissal was harsh, unjust or unreasonable.
To be eligible to make a claim for unfair dismissal you must meet certain criteria, such as:
- you must have completed your qualifying period of 6 months if you work for a business that employs 15 or more employees (unless this time has been reduced or waived in writing)
- you must have completed your qualifying period of one year if you work for a business that employs less that 15 employees (unless this time has been reduced or waived in writing)
- you must have completed your probationary period.
There are additional criteria for casual workers.
Unlawful dismissal is when your employer dismisses you for a prohibited reason or without paying you for the minimum notice period (there are exceptions to this).
Prohibited reason
Your job cannot be terminated because you:
- were temporarily away from work because of illness or injury
- belong or don’t belong to a trade union
- are involved in trade union activities outside working hours
- are or want to be a representative of employees
- make a complaint about your employer or are involved in another person’s complaint (this only applies to complaints about breaking the law or regulations, unless the employer can show that you were not able to perform the essential requirements of the job)
- will not negotiate to sign, extend, change or stop an Australian Workplace Agreement
- take maternity or parental leave
- are away from work temporarily to do a voluntary emergency management activity that is reasonable in the circumstances.
or - because of your race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin
You can make a claim for unlawful dismissal based on a prohibited reason, regardless of how long you were employed or the size of your employer’s business.
All claims of unfair or unlawful dismissal must be filed with Fair Work Australia within 14 days of the termination of employment.
Get legal advice. Contact JobWatch, your union or a lawyer before making an unfair or unlawful dismissal claim.