🇦🇺 Your rights in Australia

Equal pay

The Fair Work Act 2009 requires equal remuneration for men and women for work of equal or comparable value, and the Fair Work Commission can make orders to fix gender-based pay inequality. Gender pay equity is also an objective of the national workplace relations system.

• You have a right to discuss your pay with others, and pay secrecy terms in new contracts are generally prohibited.
• Larger employers must report to the Workplace Gender Equality Agency, which publishes employers' gender pay gaps.
• Paying a woman less because of her sex can also be discrimination under the Sex Discrimination Act 1984.

If you think you are underpaid, the Fair Work Ombudsman can help check your pay against your award or agreement.

Harassment at work

Sexual harassment is unlawful under the Sex Discrimination Act 1984, and employers have a positive duty to take reasonable and proportionate measures to eliminate sexual harassment and sex-based harassment in the workplace.

• You can complain to the Australian Human Rights Commission, which tries to resolve complaints through conciliation.
• The Fair Work Commission can also deal with sexual harassment disputes and make orders to stop harassment.
• Victimisation for complaining is unlawful.

Keep a record of incidents, dates, witnesses and evidence. State and territory anti-discrimination bodies may also be able to help. Time limits vary between options, and some are very short — for dismissal-related claims, as little as 21 days — so get advice quickly.

Pregnancy and maternity

It is unlawful to discriminate against you because of pregnancy or potential pregnancy, and dismissing you for this reason can breach both the Sex Discrimination Act and the general protections in the Fair Work Act.

• The National Employment Standards give eligible employees a right to unpaid parental leave and to return to their previous job.
• The government's Paid Parental Leave scheme, run through Services Australia, provides pay to eligible parents, and some employers offer extra paid leave.
• If your job is unsafe while pregnant, you may be entitled to a safe job or paid no-safe-job leave.

Eligibility depends on factors such as length of service and work test rules. Give your employer written notice of leave and keep copies.

Flexible work

Under the National Employment Standards, eligible employees can make a written request for flexible working arrangements — for example, if you are pregnant, a parent or carer of a school-aged or younger child, a carer, have a disability, are 55 or older, or are experiencing family and domestic violence.

• Your employer must respond in writing within a set time.
• They can refuse only on reasonable business grounds, after genuinely trying to reach agreement and considering the consequences for you.
• If you disagree with a refusal, the Fair Work Commission can deal with the dispute.

Eligibility includes service requirements, especially for casual employees. Awards and enterprise agreements may give further rights.

Protection from domestic abuse

Every state and territory lets you apply to a court for a protection order against someone who is abusive, threatening or harassing you. These orders have different names, such as an apprehended violence order, intervention order or domestic violence order, depending on where you live.

• Police can often apply on your behalf, and temporary orders can be made quickly.
• Orders can forbid contact, require the person to stay away from your home or work, and can be enforced across Australia.
• Breaching an order is a criminal offence.

Employees are also entitled to paid family and domestic violence leave under the National Employment Standards. Domestic violence services can help with safety planning and court support. In an emergency, call 000.

Separation and divorce

Divorce is governed by the Family Law Act 1975 and is no-fault. You must generally show the marriage has broken down irretrievably, which usually means you have been separated for at least 12 months. Divorce applications go to the Federal Circuit and Family Court of Australia, or the Family Court of Western Australia in WA.

• Property and financial matters are separate from the divorce itself and are decided by agreement or court orders. Time limits apply after a divorce.
• Parenting arrangements are based on the best interests of the child, with safety a key consideration.
• Child support is usually assessed by Services Australia.

Family dispute resolution is generally required before parenting proceedings, unless there is family violence or urgency.

Legal aid and free legal help

Each state and territory has a Legal Aid Commission that provides free legal information and advice, and may represent you in some family, criminal and other matters. Representation is usually means-tested and subject to merit.

Other sources of free help include:

• Community legal centres, including women's legal services, which focus on issues such as family law, domestic violence and discrimination.
• Family relationship centres and duty lawyer services at courts.
• Aboriginal and Torres Strait Islander legal services.
• Your union, for workplace issues.

The Fair Work Ombudsman and the Australian Human Rights Commission also provide free information, although they cannot give legal advice on your individual case.