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The type of employee you are, along with your rights and working conditions (such as minimum pay and hours), is usually outlined in your contract, Modern Award, or Enterprise Agreement – or sometimes a combination of all three. Click here for more information about these types of employment documents.
You can check which modern award applies to your industry here: Fair Work Ombudsman: Find My Award.
This can seem a bit confusing. You can check with your employer to see if you are covered by a modern award or an enterprise agreement, or a private contract. If you can’t ask your boss, or they don’t know, you can contact us for free and confidential legal advice here.
Full time hours
Full-time, permanent work is when you work an average of 38 hours each week and are employed on a permanent basis (as opposed to casual).
Your hours may be rostered and usually can’t be changed without notice unless you have a contract which says that they can be changed, or the change is allowed under a modern award or enterprise agreement that applies to your job. It is common for full time workers to also be required to do ‘reasonable overtime’. The type of contract you have will determine whether these extra hours are paid at overtime rates.
The hours you do and when you have to do them will usually be set out in your contract, an Enterprise Agreement or a Modern Award. Click here for more information about these types of employment documents.
For more information about full time work, you can go to: Fair Work Ombudsman – Full time employees.
What are my rights if I work full time?
Your rights at work can be found in the National Employment Standards (NES), your contract, and/or your modern award or enterprise agreement, if you are covered by one.
The NES includes basic rights like the right to annual leave for permanent workers (full time and part time) and the maximum weekly hours an employee can do. It covers all employees in Australia. Your employment contract, modern award or enterprise agreement can’t take away rights that are guaranteed by the NES. When you start your job, your employer should give you a Fair Work Information Statement which will help explain these minimum rights.
Generally if you are employed full time, you will get:
Part time hours
Part time employees work less than 38 hours each week but still have regular and set hours which are agreed between the employer and employee. These hours are usually rostered on and can’t change without notice. They are still considered ‘permanent workers’ (as opposed to casual).
For more information about part time work, you can go to: Fair Work Ombudsman – Part time employees.
What are my rights if I work part time?
If you are employed part time, you will receive all the same entitlements of a full-time worker, but as a percentage based on how much time you work. For example, if you work half the time of a full-time worker, you will get half the days of annual leave.
What is casual work?
The definition of a casual changed on 26 August 2024. You are now considered a casual if there is no ‘firm advance commitment to continuing and indefinite work’, and you receive a casual loading which is usually 25% extra than permanent staff.
Generally, this means that you are not guaranteed any particular shifts or number of hours a week. You are usually asked to work whenever your employer needs your help. If the business is not busy, your boss doesn’t have to offer you work.
What are my minimum hours as a casual?
In many cases, a casual employee must be given a minimum shift length of two to four hours depending on the industry. However your minimum shift length depends on the modern award or enterprise agreement that you are covered by. If you’re unsure what you are covered by, you can contact us for free and confidential legal advice here.
| Example – minimum shift length in retail
If you are in high school and work in a retail shop, you may be employed under the General Retail Industry Award 2010. Under this Award, a minimum shift length is three hours. However, you can work 90-minute shifts between the hours of 3pm – 6.30pm on school days (e.g., from 4pm-5.30pm), if both you and your parents agree. Some big employers like Woolworths have their own employment document for workers called an Enterprise Agreement which has different rules to the Award. Under that Enterprise Agreement for example, casuals must be given a minimum of 3 hours per shift. |
What other rights do I have if I am a casual employee?
Casual employees don’t get paid annual leave or paid sick leave, but instead receive a casual loading (usually 25% of their base hourly rate of pay) on top of their hourly wage. As a casual worker, you are also entitled to:
For more information about casual work, you can go to: Fair Work Ombudsman – casual employees.
Apprentices and trainees have most of the same workplace rights as a permanent employee, however there are some differences. See our page on Apprenticeships for specific information.
Independent contractors and gig workers (like Uber drivers) have different rights and rules regular employees. New laws started on 26 August 2024, providing them with stronger workplace rights.
See our pages on Independent Contractors and Gig Workers for more information on these types of work arrangements, including the new rules. These pages will also help you work out if you are a genuine independent contractor, or if you are possibly employed in a sham contracting arrangement.
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