The Fair Work Act 2009 is the primary piece of legislation governing employment relationships in Australia. It sets out the rights and obligations of employers and employees across most of the private sector and applies to working holiday makers in exactly the same way it applies to any other worker in Australia.
What the Fair Work Act guarantees
The Act establishes the National Employment Standards (NES), which are 11 minimum entitlements that apply to all employees regardless of their visa status. These include the right to receive at least the national minimum wage, maximum weekly hours of work, the right to request flexible working arrangements in some circumstances, parental leave provisions (not directly relevant to most working holiday makers), annual leave, personal and carer's leave, community service leave, long service leave, public holidays, notice of termination, and protection from unfair dismissal.
How the National Employment Standards apply to you
As a working holiday maker, the most practically relevant NES entitlements are the minimum wage, the right to public holidays (including penalty rates), and notice of termination. You are entitled to receive proper notice or payment in lieu if your employment is ended, and you are entitled to be paid correctly for work on public holidays.
The Fair Work Ombudsman
The Fair Work Ombudsman (FWO) is the government agency responsible for enforcing the Fair Work Act. If you believe your rights under the Act are being breached, you can lodge a complaint with the FWO online. The FWO investigates complaints, mediates disputes, and where necessary takes legal action against employers who fail to comply.
The FWO also provides resources specifically for working holiday makers, including translated materials in multiple languages, and has run campaigns targeting industries where non-compliance with working holiday maker rights has been identified.
Visa status and reporting
One concern working holiday makers sometimes have is whether reporting an employer to the FWO will affect their visa. The FWO has a Workplace Justice Visa provision that allows temporary visa holders to remain in Australia for the purposes of pursuing a workplace complaint, protecting them from being forced to leave before a matter is resolved.
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