Your employment rights

Aboriginal workers in Victoria have rights under workplace law. These rights apply to all workers — but there are also specific supports for Aboriginal people in employment.

Your right to fair pay

All workers in Australia have the right to be paid at least the minimum wage. The Wage Inspectorate Victoria (Wgea) enforces wage and entitlement laws in Victoria.

If you think you’re being underpaid:

• Keep records of hours worked
• Keep any pay slips or bank statements as evidence
• Report it to the Wage Inspectorate

You can also join together with other workers to report wage theft — this is protected under law.

Fair Work Commission — free workplace dispute service

The Fair Work Commission handles all workplace disputes in Australia, including:

• Unfair dismissal
• Workplace bullying or harassment
• Discrimination
• Disputes about entitlements

The Fair Work Commission is free. You don’t need to pay for a lawyer to make a complaint. Call 1300 799 967 or visit fairwork.gov.au.

If you’ve been sacked unfairly (e.g., for raising a complaint, for being sick, for taking approved leave), you can apply to the Fair Work Commission for unfair dismissal. You generally have 21 days from the date of dismissal to apply — don’t let this deadline pass.

You can’t be fired for being sick or caring for family

This is a common misconception. If you are legitimately sick and have a medical certificate (or a reasonable explanation), you cannot be fired for taking sick leave. Similarly, if you need to take carer’s leave to care for a family member who is sick, this is also protected.

If you’ve been fired for being sick, contact the Fair Work Commission immediately.

Casual workers have rights

If you’ve been working regular hours for a period of time, you may not actually be a casual — you may be entitled to permanent employment rights and back-pay of entitlements. This is a complex area of law that has been tested in courts recently.

If you’re a casual working regular hours, get advice from the Fair Work Commission or Swan Hill CLC.

Aboriginal employment officers at Workforce Australia

When you visit Workforce Australia (the federal employment service), ask to speak to an Aboriginal Employment Officer (AEO). AEOs are specifically trained to work with Aboriginal job seekers. They can:

• Help with job search
• Connect you with employers who are committed to Aboriginal employment
• Help with resume and interview preparation
• Advocate for you with your job service provider

If Workforce Australia doesn’t have an AEO in your local office, ask to be referred to one.

Aboriginal-specific employment programs

There are specific programs to help Aboriginal people find employment:

• Jobwise and other Aboriginal employment programs
• Indigenous Cadetship Support
• Indigenous Apprenticeships

Ask at your local Workforce Australia office or Swan Hill Neighbourhood House for information about current programs in the Mallee region.

Key contacts

• 1300 799 967 — Fair Work Commission (unfair dismissal, workplace disputes)
• 1800 241 463 — Wage Inspectorate Victoria (wage theft, underpayment)
• Swan Hill Neighbourhood House: (03) 5032 9238 — can help with employment queries