Know your worth. Know your rights.
After weeks of searching, you’ve finally found a job. With education expenses and rising cost of living, it feels good to start earning. But there’s a catch. Something doesn’t feel right about the new job. Maybe it’s the workplace or the hours you’re working, or the fact you’re earning less than your friends doing similar jobs. We answer some common questions to ensure you know your rights.
Minimum Wage- how much should you be paid?
All workers in Australia are entitled to a minimum wage. Minimum wage is the lowest hourly rate an employer can legally pay you. This is true for all workers and applies to domestic as well as international students.
Most employees are covered by an award or registered agreement, and some are covered by the National Minimum Wage. From 1 July, the National Minimum Wage has increased. Visit www.fairwork.gov.au to check the current rates for all wage types.
Dylan, a uni student, works at a local supermarket. He’s paid $16 an hour in cash. His boss assures him it’s ‘normal’ for students to be paid in cash. This is incorrect. Dylan should be paid the minimum wage and also get superannuation (more on that below).
What are Penalty Rates- do they apply to you?
Did you know you could get paid more than your regular salary if your employer asks you to work on:
– Weekends
– Public holidays
– Late nights
– Overtime
These higher wages are called penalty rates. And they are legally binding on all employers.
Mei, an international student, works as a casual worker at a sushi bar. She was pleasantly surprised to find more than her usual pay in her bank account. Her boss told her it’s normal because she was asked to work on a public holiday.
Understanding the concept of Award Rates
In Australia, every industry has a set of terms or ‘Awards’ that lay down the pay rates and health & safety requirements applicable for employees – casual, part-time or full time. Awards will always include:
– Minimum hourly pay
– Break entitlements
– Leave
– Penalty rates
Visit Fair Work Pay and Conditions Tool (PACT) to make sure you are being paid as per your applicable award: www.fairwork.gov.au/tools-and-resources
Can an employer deduct your salary?
No! In Australia, an employer cannot withhold your pay. You must receive your wages on time, whether it’s on a weekly, fortnightly, or monthly basis (as laid down in the contract). Withholding your pay for the following reasons is illegal:
– Making an error at the workplace
– Quitting your job before or after your notice period
– Negative customer feedback
Any pay deducted must be agreed in writing. Some examples of legal deductions are:
– Deduction under law (PAYG tax)
– You’ve agreed to it in writing (e.g. salary sacrifice)
– Personal or staff benefit (accommodation or uniforms)
A customer complained that Ahmed, a food delivery driver, didn’t greet him while delivering his pizza. As punishment, his employer docked $50 from his fortnightly pay. Ahmed lodged a complaint with www.fairwork.gov.au who ordered his employer to pay his dues.
What is superannuation and what are payslips?
If you’ve recently started working, you may have come across the term Superannuation or Super. Put simply, it’s a percentage of your wages that is contributed by your employer into a retirement fund.
Your Super is always over and above your take home earnings. From 1 July, the minimum legal contribution rate is 12%. Visit the Australian Tax Office for updated information.
A Payslip is a record of how much is being paid to you and deducted from your salary. A typical payslip must include:
– Your hourly rate
– Total hours worked in the week/fortnight
– Tax deducted
– Super paid
– Any other deductions
Payslips are proof of your employment and are useful when you take out a loan or rent a house etc, so make sure you keep a copy of all your payslips. You can ask your employer to provide a payslip if it’s not being provided.
Kenji is a part-time worker at a gaming arcade. He checked his super account but couldn’t see any contributions by his employee even though his payslips showed they were being made. Kenji confronted his employer who admitted his mistake and paid up.
How much leave can you take?
In Australia, every worker (including students) is entitled to paid and/or unpaid leave. Your award contract will spell out which kind of leave and how many days you are entitled to take in a year. Your leave may also depend on your status as an employee.
Casual Workers:
No paid sick or annual leave, but you can take time off if you are unwell (unpaid, unless your employer pays you).
Part-time and Full-time Workers:
– 10 days of paid personal (sick and carer’s) leave per year
– Paid compassionate leave if a family member passes away
– Annual leave up to 4 weeks per year
Keep in mind, the figures above are calculated for someone working 38 hours a week. To find out your own leave entitlements, use a pro-rata calculator.
Leo is a casual worker at a bookstore. Due to Covid, he couldn’t come to work for a few days. His employer sacked him as he is not entitled to any leave even though Leo provided a medical certificate. Leo reached out to Fair Work and got reinstated.
Remember, you have a right to safety
No matter your visa status or job type (casual or full time), you have an absolute right to a safe and healthy workplace under Australian law. Workplace safety always includes:
– Proper training
– Protective equipment (if required)
– A work environment free from harassment, or bullying.
Log on to Work Safe Victoria to find out more.
Elena noticed that whenever she used to eat her lunch at the factory cafeteria, her colleagues used to pass nasty comments about the smell. She complained to the manager who warned her colleagues about harassing Elena.
Always be financially aware
Remember, if it’s too good to be true, then it probably is. If an employer is offering unrealistic wages or terms in a contract that seem odd, then there may be a catch. Always take a second opinion before signing something official. La Trobe’s Financial Counselling Service offers free, confidential support to students to assist in navigating your rights at work. More information about Financial Counselling support and how to make an appointment can be found here.
Jemal had applied for a job at an organisation which took up office cleaning work. To his surprise, he was selected and sent a contract without even an interview. His salary was much higher than he expected and he had to work only 3 days a week. But the organisation asked for his bank details and other confidential information to process his application. Jemal realised it was a financial scam and deleted the mail.
Where can you get help?
If you’re employed while studying, it’s important to understand the rights and protections you’re entitled to under Australian law. It can be hard to keep up with all the changes and new laws being enacted. Use these useful links below to stay updated. Think of them as guiding lights in your journey as a student worker
- La Trobe University Careers and Employability
Assistance with job applications, workplace issues, and finding legal support:
www.latrobe.edu.au/study/life/living/work - Fair Work Ombudsman
Offers free advice, complaint services, and legal resources:
www.fairwork.gov.au - Australian Red Cross – Work Right Hub
Support for migrant workers in multiple languages:
www.redcross.org.au/workrighthub - Work Safe Australia or Work Safe Victoria
Worker health and safety across Australia.
WorkSafe Victoria
What is Fair Work and what support can it provide?
Fair Work Ombudsman (FWO) is an Australian government agency that provides student workers with:
– Information on their rights, pay, and work conditions (e.g. safety norms)
– Anonymous help in resolving disputes
– Enforcing employment laws
You can also access online, free tools like the Pay Calculator on the FWO site to calculate your correct wages, super and even award rates.
International Students – here is what you should know
International students who follow visa work conditions have the same rights at work as domestic students. That means the right to fair wages, super, leave loading and safety norms.
Make sure you check your visa conditions before you apply for work to ensure you are compliant. Learn more about your work rights as an international student.
Know your worth. Know your rights.
Every student who works in Australia has legal rights and protections under Australian law. Knowing what your rights are makes you informed, protected and confident. Always follow these simple rules when it comes to working:
- Know your award
- Track your hours
- Ask questions
- Keep records
- Report unfair treatment
Use the resources provided in this guide if you ever need support.
Good luck!