Employees entitled to minimum employment rights
Most employees are covered by federal minimum employment rights; a minority derive minimum rights from state jurisdictions.
Working hours
For full-time employees, 38 hours a week, although an employer may require an employee to work reasonable additional hours.
Overtime
Overtime payment – or overtime loading – may be required under an applicable award or enterprise agreement. Employees not covered by an award or enterprise agreement must be paid at least national minimum wage for all hours worked.
Wages
National minimum wage for a permanent adult employee as of July 1, 2021 is AUD772.60 per week or AUD20.33 per hour. Casual employees are entitled to a “casual loading” on top of this amount. It may be permissible to pay junior employees a lower amount. The national minimum wage is reviewed annually.
Vacation
Four weeks' paid annual (ie, vacation) leave during each year of service, accruing progressively. In addition, an employee is entitled to be absent from work and receive normal pay on a usual workday that is a public holiday; 8 days in total are observed nationally, with additional public holidays in some states and territories. Untaken annual leave is paid out to the employee on termination of employment. Casual employees are not paid for their vacation or public holidays. To make up for this, they receive extra pay, called casual loading.
Sick leave & pay
Employees are entitled to 10 days of paid personal or carer's leave for each year of service, with untaken leave accumulating from year to year. An employee may take the leave if they are not fit for work because of personal illness or injury, or to provide support to a member of the employee's immediate family who requires care or support because of personal illness, injury or an unexpected emergency. Personal or carer’s leave is not paid out on termination of employment. Casual employees are not paid for their sick leave. To make up for this, they receive extra pay, called casual loading.
Maternity/parental leave & pay
Each member of an employee couple – not necessarily employed by the same employer – is entitled to be absent from work without pay for separate periods of up to 12 months (with each employee's leave generally to be taken as a single continuous period) in relation to the birth or adoption of a child, subject to certain conditions and exceptions. As a result, the couple may take up to a total of 24 months' leave between them. However, if only 1 person is taking leave as opposed to both members of the couple, or if 1 member of an employee couple wishes to take more than 12 months' leave, the employee may request a longer period from the employer. The period of extension cannot exceed 12 months less any period of parental leave taken, or intended to be taken, by the other member of an employee couple. Any extended period of parental leave taken by the 1 member of the couple reduces the amount of leave available to the other member of the couple by the same amount.
If both members of the couple are taking unpaid leave, the leave entitlement must be used in 2 separate periods. However, there are exceptions of "concurrent leave" and "keeping in touch" days, where the couple is entitled to take up to 8 weeks of unpaid parental leave at the same time.
A separate legislative paid parental leave scheme exists, entitling eligible employees to 18 weeks' pay at the national minimum wage during their parental leave, to be paid by the government via employers.