Get to Know Your Rights
Feb 03, 2023
It’s so exciting that you’re preparing to enter the workforce and kickstart your career – this is a huge milestone so… congrats from us! 👏🏼 We’re here to hold your hand and guide you every step of the way. Let’s start with your legal rights and responsibilities. Sounds boring, but really what we mean is “what your boss can’t force you to do while you’re at work”.
There are workplace laws that only apply to young workers as well as laws that work differently for them. All employers must meet these laws.
Firstly, make sure you’re above the legal age to work in your state. Some states have restrictions on when you can commence paid work. For example, NSW has no limit on the age you can start work, but there is a limit on the number of hours you can work each week in the hospitality industry if you’re under 15. In Queensland, you have to be over 13 years old to start paid work, with some exceptions. In Victoria, you have to be over 15 years old to work in hospitality. For more information on the legal age to start work in your state, click here.
Next up: your pay rate. This can change from time to time, but should always align with the relevant ‘award’ for your industry. An award is the rule book designed for the particular industry within which you work, for example: the hospitality industry. This is usually a percentage of the adult pay rate, which increases with your age until you’re 21. Click here for a really useful tool to calculate your pay rate. To learn more about junior pay rates, click here.
When starting your first job, be aware that young workers can be especially vulnerable to this kind of behaviour. You’re inexperienced and might be unsure of your rights – so scrub up on your rights and be equipped to deal with any situation. Everyone has the right to be treated with respect at work. It’s not okay for your boss or co-workers to treat you or others in any way that intimidates, offends, degrades, insults or humiliates them. This can include physical and psychological behaviour. This sort of treatment can be unlawful. Learn more about workplace bullying and harassment here.
Sometimes when you start a new job, your boss can ask you to do what’s called an ‘unpaid trial’. This is like a second job interview that’s an opportunity for you to show off your people skills and your show how you’ll work in a real setting. Unpaid trials are usually legal, unless the following apples:
- It isn't necessary to demonstrate the skills required for the job, or the unpaid trial has continued for longer than is actually needed. This will be dependent on the nature and complexity of the work, but could range from an hour to one shift
- It involves more than only a demonstration of the person’s skills, where they are directly relevant to a vacant position, or
- The person is not under direct supervision for the trial.
To be employed as an apprentice or trainee, the employer must register a formal Training Agreement for you. As the apprentice or trainee, you might be paid a special pay rate under the award or registered agreement. This is usually based on their progress through your training. For trainees, this is usually based on the level of school you have completed and how long ago you completed it. To learn more about apprenticeships and traineeships click here.
Some other helpful resources include the Fair Work Information Statement, Casual Employment Information Statement, Starting a new job online course, Difficult Conversations in the Work Place Employee Course.
Learn more about your rights as a junior worker from the Fair Work Ombudsman here.