Rights & obligations

IMPORTANT NOTICE: The information outlined below applies to employees and employers who are under State industrial relations jurisdiction. Since the commencement of the federal government's workplace relations laws on 27 March 2006, employers who are constitutional corporations (e.g. a Pty Ltd or Ltd company) and their employees are now covered under federal industrial relations jurisdiction. You can also contact the Workplace Rights hotline on 1300 737 841 or visit www.workplacerights.qld.gov.au for information on your workplace rights.

This section will help employers and employees understand their rights and obligations at work. The following information is provided to increase awareness and answer questions parties may have about the regulatory environment of work and the employment relationship.

The Industrial Relations Act 1999 (PDF, 1.9MB) (the Act) directly prescribes certain rights and obligations for employers and employees in relation to their contract of employment. For example, the Act prescribes certain minimum entitlements for all employees regardless of whether their employment is covered by an industrial instrument or not. Some of these entitlements include:

the right to be paid wages without deduction whether the rate of wages is:
- fixed in an applicable industrial instrument ,
- an agreed rate in excess of the rate set in the applicable industrial instrument, or
- an agreed rate where there is no applicable industrial instrument
protection against unfair dismissal
sick leave, annual leave, public holidays, family leave (ie. parental, bereavement, carers' and cultural leave) and long service leave
obligations on an employer to keep time and wages records and provide pay slips to employees
the right to have an unfair contract of employment, which is not covered by an industrial instrument, amended or declared void
the right to belong, or not to belong, to a union.

Last updated: 28 May 2008