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The national minimum wage is currently $19.49 per hour or $740.80 per 38 hour week (before tax, as of July 1, 2019). Casual employees covered by the national minimum wage also get at least a 25 per cent casual loading. There are different pay entitlements for juniors, apprentices and trainees.

Junior pay rates - under 21 years of age

Juniors get paid a percentage of the relevant adult pay rate unless:

• the award, enterprise agreement or other registered agreement doesn't have junior rates, or

• they have completed an apprenticeship and are trade qualified.

Apprentice pay rates

An employee can only be paid apprentice pay rates if they have a formal training contract with their employer. The training has to be registered and recognised by a state or territory training authority. These employees do their training through a Registered Training Organisation such as a TAFE. Apprentice pay rates will depend on the length of the apprenticeship and how much training the apprentice has done.

Trainee pay rates

Most trainees get their pay and conditions related to their training from Schedule E in the Miscellaneous Award 2010. They get other entitlements (penalty rates, overtime and allowances) from the industry or occupation award that covers them. Some trainees get their pay rates from their industry or occupation award.

Employees with disability pay rates

The Supported Wage System (SWS) applies to employees with disability who have a reduced work capacity. The Department of Social Services gives out information and advice about who is eligible for the SWS. It also accepts applications for the SWS and can deal with disputes. 

For more information

If a role is covered by an award, you can find the appropriate minimum pay rates by using the Fair Work Ombudsman’s PACT (Pay And Conditions Tool). For other industries and more information, visit the Fair Work Ombudsman website.

Equal opportunity and anti-discrimination law

Anti-discrimination laws exist at both a state and federal level to prohibit discrimination on the basis of sex, age, disability and race. Workplace rights and responsibilities are set out in the following legislation:

• Equal Opportunity Act 2010

• Age Discrimination Act 2004

• Disability Discrimination Act 1992

• Racial Discrimination Act 1975

• Sex Discrimination Act 1984

Australian Consumer Law

It’s illegal to mislead job seekers or misrepresent any aspect of an available position. You may incur penalties by doing so.

Screening procedures for potential candidates

You may need to conduct various screening procedures including working with children checks or criminal record checks (police checks).

Working with children checks

Employees of any organisation who will be undertaking ‘child related work’ as prescribed under the Victorian Working with Children Act 2005 must not begin that role without a valid Working with Children Check. The scheme aims to prevent those who pose a risk to children from working or volunteering with them.

Criminal record checks

If your organisation is required to conduct a criminal record check you must contact Victoria Police. Victoria Police will not provide information about an individual's criminal history without that person’s written consent. Police checks are different from a Working with Children Check and you may require both, depending on the nature of the work being done by the employee. 

Other screening tests

Even if there’s no legal requirement for background checks, it’s a good idea to screen all potential employees for risk management and duty of care. This may include reference checks, medical tests, and drug and alcohol checks.

Undertaking basic background checks will help you fulfil your legal obligations and provide a safe workplace for a new employee.

Privacy laws

Privacy laws often apply and govern the way your organisation must manage personal information collected during the recruitment process. Even if they don't apply to your organisation, you should consider how you use, store and disclose private or sensitive information.

Employer obligations

For all employee types:

• Pay the right wages and other allowances

• Provide a safe and healthy workplace

• Encourage employees to raise issues in the workplace

• Conform to relevant State and Commonwealth legislation

For apprentices and trainees:

• Follow the conditions set out in the Training Agreement and Training Plan

• Provide a high-quality work experience and structured training program

• Make sure qualified people supervise an apprentice or trainee

• Provide release from routine duties as outlined in the Training Plan and Training Agreement

• Acknowledge that time training off-the-job is paid time

Work Integrated Learning (WIL) is a term used to describe learning activities that use academic learning in a ‘real life’ situation with a real industry or community partner. This may be an internship (placement) or a partner organisation might provide a project to work on.

These can be paid or unpaid and may be negotiated between students and the partner organisation in accordance with the Fair Work Act. RMIT encourages WIL partner organisations to pay students an award wage. However, students can be placed in unpaid experiences for personal and professional development purposes. Advice is available from RMIT WIL Practitioners in the relevant School.

Students are supported in their preparation activities through:

• attendance at careers events covering topics such as networking and managing your online presence
• participating in mock interviews
• completing the ‘WIL Ready’ set of modules in the RMIT Careers Toolkit
• accessing a resume and job application review service
• reading information from their WIL Practitioner about the purpose, aims, roles, expectations, and workplace rights and responsibilities of the WIL activity

RMIT has extensive insurance policies to cover students undertaking WIL activities for the duration of the Agreement. The minimum level of insurance provided by RMIT for all types of Higher Education and Vocational Education WIL activities is student personal accident; public and products liability; and professional indemnity. Your organisation must hold and maintain appropriate public liability insurance. If students are paid employees, your organisation will need to provide WorkCover and all employment insurances including Employer Liability and Worker’s Compensation insurance.

Many students gain employment through their WIL activity. Once a WIL activity has ended, you can negotiate any future arrangements with the student directly. All arrangements must be in accordance with the Fair Work Ombudsman National Employment Standards.

Each year, we host students from over 140 countries who can offer your business innovative ideas and cultural insights. Certain visas allow them to work here during and after study. Approximately 80 per cent of our international graduates return to their home country seeking graduate positions. However, many stay in Australia to pursue employment after graduating. Current visa guidelines mean that many international graduates can work in Australia for between 18 months and four years.

Working hours

International students can work a maximum of 40 hours per fortnight during the semester and unlimited hours during semester breaks. Masters by research and doctoral degree students can work unlimited hours once they begin their course. International students can work on short-term projects or extra hours during peak periods. Find out more by viewing work conditions for student visa holders.

Post-study work rights visa

Upon graduation, international students can apply for a post-study work rights visa (subclass 485). This allows them to work in Australia for a specific period of time depending on their qualifications.

• Bachelor / Masters by Coursework - two years

• Masters by Research - three years

• Doctoral Degree - four years

You’re not liable for visa sponsorship costs when recruiting applicants who hold these visas.

• Find out more about the Temporary Graduate Visa (subclass 485).

• See Visa Entitlement Verification Online (VEVO) to check if applicants have suitable work rights in Australia.

International students are highly educated in their field, with many holding postgraduate or higher degrees. Their specialised expertise, maturity and multilingual skills mean they’re uniquely qualified to work in a variety of Australian industries.