Know Your Rights: Your entitlements as a worker and union member

As a worker, you have rights and protections enshrined in law, and as a union member, you have access to representation, expert legal support, workplace rights information, and advocacy.

Every employee in Australia has basic rights, which can be found in several pieces of legislation including the Fair Work Act and is entitled to the basic conditions and salaries found in the relevant Award.

The vast majority of IEU members are also covered by union-negotiated Agreements, which significantly improve on minimum Award conditions and salaries and in most cases include additional protections and guarantees of fair processes.

Some of the other important rights that employees should be aware of are:

• Representation

Union members have the right to elect a Rep, whose role is protected under law, and who can act on behalf of members and communicate with all employees in a workplace.

Employees have the right to nominate a representative in any dispute or disciplinary matter – and union members have access to expert representation at no cost when they need it. Regardless of any confidentiality clauses put into any contract or letter, union members have the right to seek advice from, and share any relevant documentation with, their union.

Under the Fair Work Act, members are also by default represented in Agreement negotiations by their union.

• The right to be paid

This might seem like an obvious one – but it’s important! You should receive regular, correctly calculated pay, accompanied by clear payslips. Superannuation payments must also be made on time, and under proposed legislation super must be paid at the same time as regular salary payments from July 2026.

The IEU receives frequent queries about employer deductions from pay. These are only lawful if the employee has agreed to the deductions, and that they are primarily for the benefit of the employee. Some members will recall that significant repayments were made to thousands of teachers across Catholic, government and independent schools several years ago after a court found that salary deductions for work laptops were not lawful, as the laptops were a required tool of the trade and were not primarily for the benefit of the employee.

• Procedural Fairness & Natural Justice

Where a dispute arises, or allegations are made against an employee, that employee has the right to a fair and transparent process. If an employer acts against an employee in a way which contravenes the principles of natural justice, they run the risk of having their decisions overturned or their investigations invalidated. Where proceedings are initiated against a member, the IEU will become closely involved to ensure that procedural justice is maintained.

• A safe and healthy workplace

Occupational Health and Safety legislation is very clear on this – employers have a fundamental responsibility to ensure that their workplaces are safe and that appropriate steps are taken to minimise or eliminate any identified hazard. Importantly in the context of our work, identified hazards can include excessive workloads or a pattern of behaviour by a student (or parent!)

Workers also have the right to elect a Health and Safety Rep (HSR), who has significant legislated powers to ensure that appropriate action is taken on any identified hazard. See page 14 for more on the importance of ensuring that every workplace has an elected, trained and empowered HSR.

• Protection against discrimination

While federal anti-discrimination law (and in particular its application to faith-based employers) is flawed and continues to be treated as a political football, Victorian and Tasmanian law is much stronger, and protects employees from discrimination on the grounds of attributes including faith, gender identity, marital status and pregnancy.

Importantly, employees also cannot be discriminated against on the basis of union membership or involvement in union activities, up to and including taking part in protected industrial action.

If you have any questions about any of the rights outlined above or believe that they may be being contravened in your workplace, contact the IEU immediately!