Women's Workplace Rights in Australia

Where your rights come from

No single law covers every workplace right. The main sources are below, and the one that applies to you depends on what happened.

An award, enterprise agreement or contract can give you more than the legal minimum, but not less. The minimum entitlements in the National Employment Standards apply to every employee even when a contract or workplace policy offers less.

Protection from discrimination

Under the Fair Work Act, an employer cannot take adverse action against an employee or job applicant for a protected attribute. The list has 17 items: race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction, social origin, breastfeeding, gender identity, intersex status, experiencing family and domestic violence. Experiencing family and domestic violence is on the list, which means an employer cannot refuse to hire you or dismiss you because you disclosed it.

Adverse action covers more than dismissal. It includes not hiring someone, changing a job to the person’s disadvantage, offering different and unfair terms, treating someone differently from other employees, and not giving an employee a legal entitlement such as pay or leave. Threatening or organising any of these counts too.

The Sex Discrimination Act works in parallel. It covers sex, gender identity, intersex status, sexual orientation, marital or relationship status, family responsibilities, pregnancy and breastfeeding, and applies to getting a job, the terms of a job, training, promotion and dismissal. Our guide to gender discrimination at work explains direct and indirect discrimination and how to make a complaint.

Discrimination is one reason the pay gap persists. In the 2023 analysis behind Why the Gender Pay Gap Persists in Australia, 55% of the hourly gap was attributed to additional gender influences, including discrimination, that the survey data could not otherwise explain.

Pay and pay information

Equal pay for the same work, or for work of equal or comparable value, is a legal requirement. You also have a workplace right to share, or not share, your pay. Since 7 December 2022, a pay secrecy term in an award or agreement has had no effect, and an employer cannot take adverse action against you for discussing your pay. Our explainer on the gender pay gap covers both rights in more detail.

You can also look up your employer. WGEA first published the gender pay gaps of private-sector employers with 100 or more employees on 27 February 2024.

Asking for flexible work

Full-time and part-time employees can ask their employer for a change to their hours, pattern or location of work. You need at least 12 months with the same employer and one of these circumstances:

• parents of, or people with responsibility for the care of, a child who is school aged or younger
• carers
• people with disability
• people aged 55 or older
• people who are pregnant
• people experiencing family and domestic violence
• people who care for or support an immediate family or household member experiencing family and domestic violence

Casual employees can ask too, if they meet one of those circumstances and have worked for the employer regularly and systematically for at least 12 months with a reasonable expectation of continuing work.

What the request and the reply must include

Your request has to be in writing, say what change you want and explain why. Your employer must reply in writing within 21 days. A refusal is allowed only on reasonable business grounds, after the employer has discussed the request with you and genuinely tried to reach an agreement on alternatives, and after considering what refusing would mean for you. The written refusal must give the reasons, state any other changes the employer is willing to make, and tell you that the Fair Work Commission can help.

If the employer refuses, or does not reply within 21 days, either side can ask the Commission to deal with the dispute. The Commission usually starts with conciliation or mediation and, if that fails, can arbitrate and make orders that bind both sides.

Pregnancy, parental leave and return to work

An employee cannot be fired, demoted or treated differently because they are pregnant. Every pregnant employee, including casuals, has the right to a safe job if their current role is unsuitable because of a pregnancy-related illness or risk, or hazards in the role. The safe job must have the same ordinary hours unless the employee agrees otherwise. If no safe job is available, the employee can take no safe job leave. It is paid for employees who are entitled to unpaid parental leave and have given the required notice and evidence.

Employees eligible for unpaid parental leave can also take part of it flexibly, up to 6 weeks before the expected date of birth.

Parental Leave in Australia sets out Parental Leave Pay and unpaid leave in full. The cost of care after your return is covered in Child Care Subsidy Explained.

Leave and protection if you are experiencing family violence

All employees can take 10 days of paid family and domestic violence leave each year. That includes full-time, part-time and casual employees. The full amount is available straight away, resets on the employee’s work anniversary and does not carry over. It sits apart from annual leave and sick and carer’s leave. Before paid leave began, employees could take 5 days of unpaid leave, which no longer exists.

Experiencing family and domestic violence is a protected attribute, so you cannot be treated adversely for it, and it is one of the circumstances that lets you ask for flexible work. If you or someone you know needs support, call 1800RESPECT on 1800 737 732.

Sexual harassment

Sexual harassment in connection with work has been prohibited under the Fair Work Act since 6 March 2023. The Act defines it as an unwelcome sexual advance, an unwelcome request for sexual favours, or other unwelcome conduct of a sexual nature, where a person could reasonably expect the target might be offended, humiliated or intimidated. Workers as well as employees can apply to the Fair Work Commission, including contractors, labour hire workers, apprentices, interns and some volunteers.

The 2022 national survey is the latest national measure of how common it is. It found that 33% of workers had been sexually harassed at work in the previous five years, 41% of women and 26% of men. Only 18% of people who were harassed made a formal report or complaint. The discrimination guide has the full survey findings and the ways to take action.

Protection when you use your rights

The Fair Work Act protects people who use a workplace right, such as asking about pay, making a complaint to a body like the Australian Human Rights Commission, or asking for leave. An employer cannot take adverse action because you have a workplace right, used it or plan to use it. An employer also cannot coerce you, put undue pressure on you or misrepresent your rights. For example, telling a part-time employee that only full-time staff get parental leave is unlawful when the employer knows it is untrue.

Time limits

The 21-day limit for a dismissal is the one most easily missed. If you think you were dismissed for a prohibited reason, get advice quickly.

Recent changes to the law

Where to get help

• Fair Work Ombudsman: information on pay, leave and workplace rights, on the Fair Work Infoline 13 13 94.
• Australian Human Rights Commission: discrimination and sexual harassment complaints are free, and you do not need a lawyer. Call 1300 656 419.
• Fair Work Commission: flexible work disputes, general protections claims and sexual harassment applications. Its Workplace Advice Service gives free legal advice to eligible people.
• Legal aid, community legal centres and unions: free advice on discrimination and harassment.

This page is general information, not legal advice. If you are unsure which law applies, ask the Fair Work Infoline or speak to a lawyer or your union.