Law & Rights
Workers' Rights
All workers have rights under both general legislation and occupational health and safety legislation. Here you can find out more about what those rights are.
Note: Prior to March 2007, most Victorian workers were covered by the Victorian OHS laws, but now some workers are covered by the Comcare legislation. If a person is employed in either federal workplaces (government departments, Australia Post, etc) or an increasing number of national companies with 'self-insurer status' under Comcare, then Occupational Health and Safety (Commonwealth Employment) Act, 1991 applies. If you are not sure, then contact your union. Read more
In June 2007 the ACTU declared a Charter of workplace rights for occupational health and safety and workers’ compensation that sets out the minimum health and safety and compensation standards - see the item below.
FAQs
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Discrimination and harassment
.. what are they? What do these terms mean? [read more] -
Rest/meal breaks - what am I entitled to?
There's nothing specific in OHS legislation. Read more.
[read more]
Item
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Basic Rights
Everyone at work is protected by a series of basic legal rights. [read more] -
The Occupational Health and Safety Rights of Workers
Workers have the right to a healthy and safe workplace. Employers have legal obligations both under Common Law and Statutory Law. [read more] -
Women and OHS
Women workers sometimes need extra OHS protection. Check out available information and resources.
[read more] -
Young workers and OHS
Young people - both workers and students on 'work experience' - are at higher risk of injury in the workplace. [read more] -
Casual (and Labour Hire) Workers - What are the employer's responsibilities?
Casual workers, whether hired directly by the employer or through a labour hire or on-hire agency, are often more vulnerable than other workers from a health and safety perspective. [read more] -
Right to refuse unsafe work.
Thousands of workers die or are injured because of on-the-job accidents each year. Many more are exposed to unhealthy conditions that cause serious illnesses years later. [read more] -
The right to a workplace free of discrimination and harassment
Discrimination and/or harassment can be a health and safety issue, and is something that OHS reps need to be aware of. [read more] -
Charter of Workplace Rights
The ACTU has launched new charter of workplace rights for occupational health and safety and workers’ compensation that sets out the minimum health and safety and compensation standards.
[read more]