Minimum conditions under the law

Minimum conditions under the law are rights and entitlements that employees generally have, no matter which industry or job they work in. Some minimum conditions under the law only apply to particular employees – for example, permanent employees. However, casual employees still have some minimum rights and entitlements as well.

Minimum conditions under the law can’t be changed or taken away by awards, industrial agreements or employment contracts.

For national system employees, minimum conditions are set out in the National Employment Standards found in the Fair Work Act 2009 (Cth). For state system employees, minimum conditions come from a number of places, including the Minimum Conditions of Employment Act 1993 (WA), the Long Service Leave Act 1958 (WA) and the General Order on Termination, Change and Redundancy. For more information see our fact sheets Minimum conditions at work, Long service leave and Redundancy.