Australian Workplace Rights 2026: Know Your Entitlements (Casual, Part-Time & Full-Time)

This guide breaks down your entitlements by employment type, highlights the newest protections, and explains what to do if something doesn't add up - especially if you're on a visa.

Watch our video explainer: Australian Workplace Rights 2026: Know Your Entitlements (Casual, Part-Time & Full-Time)

What Changed? Key Fair Work Updates You Need to Know

Several landmark reforms under the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 are now fully in effect:

Your Entitlements by Employment Type

Full-Time Employees (38 Hours/Week)

Full-time employees receive the broadest set of protections under the National Employment Standards (NES):

Part-Time Employees

Part-time employees receive all the same entitlements as full-time workers, calculated on a pro-rata basis. If you work 20 hours per week, you accrue 80 hours (4 weeks × 20 hours) of annual leave per year.

Casual Employees

Casual employment is the most misunderstood category in Australia. Here's what you're entitled to - and what you're not:

The New "Casual" Definition - Are You Really Casual?

Since 26 August 2024, being "casual" is no longer just about what your contract says. The law now looks at the real nature of your working arrangement. You may not be a genuine casual if:

• You work regular, predictable hours each week
• There is a firm advance commitment to ongoing work
• Your employer expects you to be available for set shifts

If this sounds like your situation, you may be entitled to convert to permanent employment.

Employee Choice Pathway: How to Convert from Casual to Permanent

Under the new employee choice pathway, you can initiate the conversion - your employer no longer has to offer it first.

Eligibility:

• Employed for at least 6 months (12 months if working for a small business with fewer than 15 employees)
• You believe you no longer meet the definition of a casual employee

Process:

1. Give your employer written notice that you want to change to full-time or part-time
2. Your employer must consult with you and respond in writing within 21 days
3. They can only refuse on specific grounds (e.g., you still genuinely meet the casual definition, or fair and reasonable operational reasons)

Right to Disconnect: You Don't Have to Answer That After-Hours Email

All employees at non-small businesses now have the legal right to refuse contact from their employer outside of working hours, unless the refusal is unreasonable. This protection extends to small business employees from 26 August 2025.

The law considers factors like:

• The reason for the contact and how disruptive it is
• Whether you're compensated for being on call or working extra hours
• Your role and level of responsibility
• Your personal circumstances (e.g., family or caring responsibilities)

Employers cannot take adverse action against you for exercising this right.

Visa Holders: Your Rights Are the Same

This is critical: the Fair Work Act protects all workers in Australia equally, regardless of visa status. Whether you hold a Student Visa (subclass 500), an Employer Sponsored visa, a Working Holiday visa (subclass 417), or a Bridging Visa - you are entitled to:

• The national minimum wage and correct penalty rates
• Safe working conditions and workers' compensation
• Protection from unfair dismissal (after the qualifying period)
• Freedom from discrimination based on nationality or visa status
• The right to ask about your pay and compare conditions

Work Condition Reminders for Visa Holders

What To Do If You're Being Underpaid or Exploited

1. Check your pay using the Fair Work Pay Calculator - it's free and covers most awards
2. Keep records - save payslips, rosters, timesheets, and any written communications
3. Talk to your employer first - sometimes underpayment is a genuine mistake
4. Contact Fair Work - call 13 13 94 or visit fairwork.gov.au. Services are free, confidential, and available in 27+ languages
5. Get professional help - if your workplace situation intersects with your visa, speak to a registered migration agent

How First Migration Can Help

Understanding your workplace rights is one thing - but when those rights intersect with your visa conditions, things get complicated fast. At First Migration Service Centre, our registered migration agents can help you:

• Understand how your visa conditions affect your work rights - use our Visa Condition Lookup to check what conditions apply to your visa
• Navigate employer-sponsored visa disputes if your employer isn't meeting their obligations
• Explore skilled visa pathways if you're looking at permanent residency through points-tested migration
• Connect you with the right resources if you're experiencing workplace exploitation

Ready to take the next step? We invite you to submit a free visa assessment so we can understand your situation and provide tailored advice.