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Phone: 131 628
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About OIR » Publications » Offered a job - Know your legal rights Offered a job - Know your legal rights
OIR - What do we do?Industrial relations laws set out the rights of workers and help make sure that everyone gets a fair day's pay for their work. The NSW Office of Industrial Relations (OIR) provides information, advice and support to employees and their employers to ensure a fair workplace for everyone.
There are two IR systems in NSW. The federal government looks after most incorporated employers and their employees and the NSW laws apply to most unicorporated employers and employees. So it's important that you know which system your employer belongs to because it can affect your workplace rights and entitlements. If you are confused about which workplace laws apply or just want to find out what you should be paid – the OIR can help you sort it out.
Starting work on trial
Most job offers are made after an interview. When offered a job you may be asked to work for a trial or probation period to see if you can do the job. Check your award to see if it sets a specific period. If not, your employer must tell you how long the probation or trial period will be (maximum three months).
If you are working, even if for a probationary or trial period, you must be paid. There is no such thing as 'unpaid trial work' and it is illegal for your employer not to pay you for any work that you do! Let OIR know if this happens to you. If you are asked to do work experience for no pay it is usually through a registered educational training organisation - like a school, TAFE or university.
Get the job offer in writing
When you are offered a job, it is a good idea to ask your employer to explain in writing the conditions you will be working under and what you will be expected to do. The letter should include:
Your agreement
Know which system covers you!
There are two industrial relations schemes – the NSW industrial relations system and the federal industrial relations system. It is very important to know which one you will be employed under. How? The first step is to find out whether your employer is incorporated (a company) or not incorporated (a sole trader or a partnership).
Your employer is incorporated if 'Pty Ltd' or 'Ltd' is part of their company name. Most incorporated employers are now under the federal system and for more information about your rights and responsibilities, you should contact the Workplace Ombudsman.
If your employer is not incorporated then, in most cases, you will be working under the conditions of a
Before you agree to the job offer
Depending on which scheme applies to your employer, you may be employed under an award, an individual agreement, a collective agreement or in some limited cases, in the federal system only, an Individual Transitional Employment Ageement (ITEA). If you are asked to sign a document agreeing to working conditions, you should first read it very carefully. Do not feel pressured to sign it straight away, especially if it doesn't suit you.
Ask your employer for time to consider the document. The time allowed may differ depending on the type of agreement. Feel free to take the agreement home and get other people you trust to read it over with you. You may want to seek legal advice before you make your decision. Remember, if you are unsure about the conditions of a letter of offer you have been asked to sign, contact the OIR to help you understand what you are signing.
Your pay
Your employer must pay you at least the minimum rate set out in your award or agreement and give you a regular payslip showing exactly what you have been paid. The rate will depend on the type of work you do and the times you work. You may be paid more than the minimum rate.
Awards and collective agreements may also provide for you to be paid allowances for doing certain tasks, overtime pay for working outside your regular hours or penalty rates for working nights, weekends or public holidays. You need to check your award or agreement to see if any of these entitlements apply to your work.
Your rights under
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Date Created: 22 March 2006 Last Reviewed : 4 June 2008 |
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 ©Office of Industrial Relations, NSW Department of CommerceMcKell Building, 2-24 Rawson Place, Sydney NSW 2000 Phone: 131 628 (anywhere within NSW) Fax: (02) 9020 4700 URL: http://www.industrialrelations.nsw.gov.au |
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