Employee entitlements

All employees have the right to receive certain entitlements during the course of their employment, such as wages, leave and superannuation. Such entitlements include:

and wages

Do you know the minimum standards and conditions for employees?


Do you know what entitlements casual employees receive, and understand your obligations regarding casual conversion?

Flexible work requests

Certain employees have a right to request flexible working arrangements from their employer.

Leave & RDOs

Employees have the right to receive a range of leave entitlements.


Superannuation is complex, but we're here to provide advice.


As a general rule, overtime for all employees, including casuals must be paid in certain circumstances.

Contractor or employee?

As contractor relationships are common in the industry, it's often difficult to determine whether a worker is legally an employee or contractor. Just because a worker has an ABN, doesn't necessarily classify them as a contractor. Subcontracting arrangements are usually entered into with an entity such as a Pty Ltd business, a trust or a partnership. A good indication of a true subcontracting arrangement is when the entity can delegate the work to a person to perform. You should always have a written subcontract agreement that details the terms of service including delegation of work and commercial liability.

It’s illegal to misrepresent an employment relationship, under the Independent Contractors Act 2006. If you classify a worker as a contractor, but legally they’re an employee, you may be liable for unpaid benefits for the entire period they worked for you.

For help working out whether a worker is a contractor or employee, use this decision-making tool from the Australian Taxation Office.

National Employment Standards

All employees in the national workplace relations system are covered by the following 11 minimum National Employment Standards (NES), set out in the Fair Work Act 2009

Casual employees are only entitled to:

The standards can be negotiated but mustn't be reduced by any Awards, enterprise agreements or employment contracts that result in less favourable conditions for an employee.

Fair Work Information Statement

All new employees must be given a copy of the Fair Work Information Statement from the Fair Work website, when they begin their employment (or earlier).

Casual employees or permanent employees transitioning to casual must be issued a copy of the Casual Employment Information Statement when they begin their employment or have requested a conversion to casual.


As an employer, you should also be aware of your obligation to have compulsory workers' compensation insurance that covers injured workers for loss of capacity and income and medical expenses caused by a work-related injury or illness.

Need more information?

If you haven’t found the answer to your questions on our website, give us a call or email us.

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