Employment Law FAQ

The Fair Work Act 2009 (Cth) is the primary federal employment law in Australia. It sets out the National Employment Standards, modern awards, enterprise bargaining, unfair dismissal rights, and general protections claims. It applies to most Australian employees.

The NES are 11 minimum standards that apply to all national system employees in Australia — including hours of work, leave entitlements, public holidays, notice of termination, and redundancy pay. They cannot be displaced by an award or agreement.

Modern awards apply to industries and occupations. Use the Fair Work Ombudsman's Award Finder or check the modern award classifications. Quillio can identify the applicable award from a job description.

Unfair dismissal is dismissal that is harsh, unjust, or unreasonable. An employee dismissed unfairly can apply to the Fair Work Commission within 21 days for reinstatement or compensation. There are eligibility criteria including a minimum employment period.

The minimum employment period is 6 months for most employees, or 12 months for employees of small business employers (fewer than 15 employees). An employee dismissed before completing this period generally cannot claim unfair dismissal.

A general protections claim is brought when an employee alleges they have suffered adverse action because of a workplace right (such as making a complaint or being a union member). The claim is made to the Fair Work Commission within 21 days of dismissal.

Redundancy pay under the NES is based on the employee's years of continuous service and ranges from 4 weeks (1-2 years service) up to 16 weeks (9-10 years service). Some awards and agreements provide higher entitlements. Small business employers (under 15 employees) are exempt.

A casual employee has no firm advance commitment to ongoing work and is paid a casual loading instead of paid leave entitlements. A permanent employee (full-time or part-time) has a firm advance commitment and is entitled to paid leave under the NES.

Under the casual conversion provisions, a casual employee who has been employed for at least 12 months and worked a regular pattern of hours for the last 6 months can request to be converted to permanent employment.

Notice of termination depends on the employee's length of continuous service, ranging from 1 week (under 1 year) to 4 weeks (5+ years). Employees over 45 with at least 2 years service get an additional 1 week. Notice can be paid out in lieu.

Summary dismissal is dismissal without notice for serious misconduct. Examples include theft, fraud, assault, and serious safety breaches. The employer must establish that the conduct was serious enough to justify immediate termination.

Federal protections apply under the Fair Work Act (general protections), Sex Discrimination Act, Disability Discrimination Act, Age Discrimination Act, and Racial Discrimination Act. State anti-discrimination laws also apply. Together they cover most discrimination grounds in employment.

A genuine redundancy occurs when the employer no longer requires the role to be performed by anyone because of operational changes, and the employer has consulted in accordance with any applicable award or agreement. A redundancy that is not genuine may be unfair dismissal.

Restraint of trade clauses are enforceable only to the extent they protect a legitimate business interest of the employer (such as confidential information or client relationships) and go no further than reasonably necessary. Courts read them narrowly.

An enterprise agreement is a collective agreement between an employer and its employees (often via a union) that sets out terms and conditions of employment. It must pass the Better Off Overall Test against the relevant modern award and be approved by the Fair Work Commission.

Workplace bullying is repeated unreasonable behaviour towards a worker that creates a risk to health and safety. Workers can apply to the Fair Work Commission for stop-bullying orders. The Commission can order changes in workplace practice to address the bullying.

21 days from the date of dismissal. The Fair Work Commission can extend this period only in exceptional circumstances. Missing the deadline is one of the most common reasons claims are dismissed.

The Fair Work Commission is the federal industrial relations tribunal that deals with unfair dismissal, general protections, modern awards, enterprise agreements, and other workplace matters under the Fair Work Act.

Recording a workplace meeting without consent may be unlawful under state surveillance laws (which vary). Even where lawful, covert recording may damage the employment relationship. Always seek legal advice before recording.

Quillio is trained on the Fair Work Act, all 107 modern awards, and current Fair Work Commission decisions. Use it for award interpretation, unfair dismissal research and drafting, employment contract drafting, and policy work. See /practice-areas/employment-lawyers.