What are your rights as a worker?
You have the right to be healthy and safe at work, including the right to:
- work in a healthy and safe place with facilities (e.g. easy access to clean toilets and drinking water)
- know the possible dangers of your job and be shown how to do it safely
- be given the appropriate equipment and/or clothing you need to work safely before you start work (you do not have to pay for these)
- report health and safety issues at work – your employer has a legal duty to let you raise health and safety concerns, and it’s illegal to punish you, or fire you for doing so
- refuse to do work if you are reasonably concerned that it could put you or others at serious risk of getting hurt or sick, and
- be shown how to report and injury or illness at work.
What are hazards?
Hazards are things that may harm you physically or mentally at work including:
working above the ground (e.g. climbing a ladder to stock shelves or working on a roof)
working with electricity
lifting or moving heavy or bulky loads
working in very hot or cold places
loud noises
working with machinery or equipment (e.g. in a factory)
working with chemicals (e.g. cleaning work)
working long hours or doing hard work (e.g. digging by hand, constant mental demands or concentration)
working for a long time in the same place (e.g. sitting or standing without being able to move much or take breaks)
working in awkward positions or holding the same posture for a long time
prolonged repetitive movement
working alone or where it is hard to get help if you need it
breathing in harmful dust or particles (e.g. on a construction site)
bullying and harassment including racial and sexual harassment, and
aggressive behaviour and violence.
Who can you ask for help?
You have the right to ask questions about your work and talk to your supervisor, manager or employer of you feel unsafe. It is okay to ask question about anything you don’t understand.
You can also talk to a Health and Safety Representative (HSR) If you have one. An HSR is a worker elected at your workplace who knows about work health and safety and can help you with any concerns. You can also talk to your union representative if you feel something is unfair or unsafe at work. A union is a group that protects and furthers the rights and interests of workers in a particular industry or occupation.
You might do work for one person and be paid by someone else (e.g. a labour hire agency). They are both responsible for making sure you are safe at work. You can talk to either or both about any work health and safety concerns.
What if you get hurt at work?
If you are injured or get sick because of your work, you should tell your employer as soon as possible so they can provide first aid, remove the hazard or do all they reasonably can to make sure nobody else gets hurt or sick.
You should also see a doctor or nurse to get medical treatment and ask for a medical certificate. You have the right to choose the doctor or nurse you see.
You can make a claim for workers’ compensation to help pay for medical treatment and other costs (e.g. time off work) for your work-related injury or illness. In Australia, employers must have workers’ compensation insurance to cover all their workers, including migrant workers on a temporary or permanent visa, for injuries or illnesses that happen because of work.
If you are a contractor (which you may be if you are self-employed or have an Australian business number (ABN) for work), you should contact the relevant workers’ compensation authority in the state or territory where you work to check if you are covered by workers’ compensation. If you are not covered, you should consider taking out your own insurance in case you are injured or made sick by work.
Workers’ compensation insurance can also help you return to work after your injury. The workers’ compensation authority will work with you, your doctor and your employer to help you return to work. To find you how to make a claim, you can contact the workers’ compensation authority in the state and territory where you work – they are listed on the resources page.
Your right to fair pay and conditions
In Australia, there are minimum wages and working conditions. The Fair Work Ombudsman helps employers and workers to understand these rights and responsibilities at work. They can also help you find out what you should be paid.
The Fair Work Ombudsman can investigate if they think someone has broken workplace laws. They can talk to you and provide advice even if you are in breach of the work conditions of your visa.
You can contact the Fair Work Ombudsman on 13 13 94 or at www.fairwork.gov.au.