Your Workplace Rights Explained

This page is to help the layperson understand their rights, however, It is not legal advice and you should always consult with a licenced legal practitioner. If you’re

unsure how this applies to you, consider contacting the Fair Work Ombudsman or getting independent legal advice. Time limits can apply, however, you can apply for an out-of-time application.

What are “workplace rights”?

In Australia’s Fair Work system, the Fair Work Act gives workers certain protected rights (often called “general protections”). One of these is your workplace rights. 

A workplace right is defined in Fair Work Act s 341. In plain English, you have a workplace right if you are allowed to use workplace laws, use workplace processes, or raise concerns/ask questions about your employment. 

The core protection: your employer can’t punish you for using your rights

The Fair Work Act prohibits taking adverse action against someone because they have, use, or propose to use a workplace right (or to stop them using it). 

“Adverse action” can include things like dismissal, harming you in your employment, changing your role/conditions to your disadvantage, or discrimination between employees in defined ways. 

Section 341 in plain English (with examples)

You have a workplace right if:

1. You’re entitled to a benefit (or you have a role/responsibility) under workplace rules
   This includes rights under workplace laws, workplace instruments (like awards/enterprise agreements), or orders made by an industrial body. 

2. You can start or participate in a workplace‑law process
   The law treats many workplace processes as protected, including participating in a Fair Work Commission conference/hearing, court proceedings under workplace laws, and other listed processes (like flexible work requests and dispute settlement procedures). 

3. You can make a complaint or inquiry
   This includes complaints/inquiries to a person or body that can seek compliance with workplace laws/instruments, and (if you’re an employee) complaints/inquiries about your own employment. Fair Work Ombudsman gives a simple example: asking your employer about your pay rate. 

Job applicants also have protection:
The Fair Work Act extends workplace rights to prospective employees (job applicants) in important respects.

Part of s 341

What it means (plain English)

Common examples people recognize

s 341(1)(a)

You have a workplace right if you’re entitled to a benefit or you have a role/responsibility under a workplace law, instrument, or industrial order. 

Minimum pay/leave rights; rights under an award or registered agreement; rights created by Fair Work Commission orders. 

s 341(1)(b)

You have a workplace right if you can start or take part in a process/proceeding under a workplace law or workplace instrument. 

Using a dispute resolution procedure in an enterprise agreement; participating in Fair Work Commission processes; participating in court proceedings under workplace laws. 

s 341(1)(c)(i)

You have a workplace right if you can make a complaint or inquiry to a body/person that can seek compliance with a workplace law/instrument. 

Complaints to regulators and bodies that deal with workplace‑law compliance (Fair Work Ombudsman gives examples like bodies that can seek compliance; it also points people to the Fair Work Commission for general protections disputes). 

s 341(1)(c)(ii)

If you’re an employee, you have a workplace right if you can make a complaint/inquiry about your employment (even internally). 

Asking your employer about pay, classification, leave, a policy, or how a process applies to you (Fair Work Ombudsman explicitly uses asking about pay rate as an example). 

s 341(2)

The Act spells out that “process/proceedings” includes things like FWC conferences/hearings, court proceedings under workplace laws, enterprise agreement bargaining steps, flexible work requests, dispute settlement procedures, and more. 

Attending an FWC conference/hearing; making a flexible work request; participating in enterprise bargaining steps listed in s 341(2). 

s 341(3)

Even job applicants (prospective employees) are treated as having the workplace rights they would have if hired. 

Example concept: an employer generally should not refuse to hire a person because they would exercise protected workplace rights once employed.