Australian Employment Rights: Your Questions Answered

Under the Fair Work Act 2009 (s.385), a dismissal is unfair if it was harsh, unjust, or unreasonable — for example, because the employer had no valid reason, did not provide an opportunity to respond, or the reason was inconsistent with how other employees were treated. The Fair Work Commission (FWC) has the power to order reinstatement or pay compensation up to 26 weeks' pay (capped at half the high income threshold, approximately $46,500 for 2026/27).

To make an unfair dismissal claim you must: be an employee (not an independent contractor); have completed the minimum employment period (6 months for employers with 15+ employees, 12 months for small businesses); and not be covered solely by an award or enterprise agreement that provides access to an equivalent remedy. High income earners without an award or enterprise agreement are excluded if they earn above the high income threshold (~$175,000 for 2026).

The application must be lodged with the FWC within 21 days of the dismissal taking effect. Late applications are only granted in exceptional circumstances. There is a $88.90 lodgement fee (waived for financial hardship). The FWC will attempt conciliation first — over 70% of claims are resolved at this stage.

To make an unfair dismissal claim, file Form F2 (Application for unfair dismissal remedy) at fwc.gov.au within 21 days of the day your dismissal took effect (usually your last working day). The lodgement fee is $88.90 (waivable on financial hardship grounds). You will need to provide details of your employment, the circumstances of dismissal, and what remedy you seek.

After lodgement, the FWC will schedule a conciliation conference — usually by telephone within 2–4 weeks. Most cases (around 70%) settle at this stage. If conciliation fails, the matter proceeds to a formal hearing (arbitration) before a Member of the Commission. Hearings are less formal than courts but legally binding.

Remedies available are: reinstatement to your former position (the primary remedy) or, if reinstatement is impractical, compensation up to a maximum of 26 weeks' pay (capped at half the high income threshold — approximately $46,500 for 2026/27). The Commission must consider factors including the employee's length of service, conduct, and attempts to mitigate loss.

Part 3-1 of the Fair Work Act 2009 provides 'general protections' against adverse action. An employer must not take adverse action against an employee (dismissal, demotion, injury in employment, altering their position to their detriment, or discrimination) because the employee: exercised a workplace right (e.g., made a complaint or inquiry, took leave, or invoked a process under their contract or the Act); engaged in or proposed to engage in industrial activity (e.g., joined a union); or had a protected attribute (race, colour, sex, sexual orientation, age, disability, marital status, etc.).

Unlike unfair dismissal, General Protections claims: have no minimum employment period; cover workers and independent contractors (not just employees); and have no cap on compensation — courts can award full economic loss plus non-economic loss and penalties. The application must be filed with the FWC within 21 days of dismissal (for dismissal claims) or within 6 years (for non-dismissal claims in court).

There is a reverse onus: once the employee demonstrates adverse action occurred and a protected reason existed, the employer must prove the adverse action was NOT taken for that protected reason. This makes General Protections claims potentially stronger than unfair dismissal. However, they are also more complex — specialist legal advice is recommended.

A casual employee in Australia is one who is engaged without a firm advance commitment to ongoing work and who works irregular or intermittent hours. In exchange for this flexibility, casual employees receive a casual loading — typically 25% on top of the base rate of pay — to compensate for the absence of paid leave, notice periods, and unfair dismissal protections during the minimum employment period.

From 27 March 2021 (updated in 2024 under the Closing Loopholes reforms), employers must offer regular casual employees the right to convert to permanent employment after 12 months where there has been a regular and systematic pattern of work. Employees can also request casual conversion independently. The employer can only refuse on limited grounds (genuine operational grounds).

Casual employees have access to: unpaid carer's leave, unpaid compassionate leave, community service leave, and long service leave (after the qualifying period). They do not accrue annual leave or personal/carer's leave. Under the 2024 amendments, 'regular and systematic' casuals have improved access to general protections and, after 12 months in small businesses or 6 months in larger ones, to unfair dismissal remedies.

Long service leave (LSL) is a uniquely Australian (and New Zealand) entitlement — a period of paid leave awarded to employees who have served with the same employer for a long period, typically 10 years. It reflects the historical expectation that long-serving employees need an extended break. LSL is separate from annual leave and cannot be substituted for it.

The entitlement and qualifying period vary by state and territory. In most states, the general entitlement is 8.67 weeks' leave after 10 years of continuous service (equivalent to 1/60th of service). Some states (Victoria, NSW) allow pro-rata LSL after 7 years of service if employment ends (other than by resignation before 7 years).

LSL applies to employees and (in some states) certain types of contractors. It must be taken as a continuous period (or in some states, by agreement in smaller blocks). On termination, employees entitled to LSL must be paid out the monetary equivalent. Entitlements are set by state legislation — the National Employment Standards in the Fair Work Act provide only a minimal override for the most basic situations.

The Superannuation Guarantee (SG) requires employers to contribute a percentage of an eligible employee's ordinary time earnings into a complying superannuation fund. The SG rate is currently 12% of ordinary time earnings for 2026/27 (the financial year starting 1 July 2026), up from 11.5% in 2025/26. This follows the legislated schedule set by the Superannuation Guarantee (Administration) Act 1992.

Eligible employees are those aged 18 or over who earn $450 or more per month in a calendar month (though from 1 July 2022, the $450 threshold was removed for most employees — check your current situation). SG applies whether you work full-time, part-time, or casually. Employers must pay SG at least quarterly, by the 28th day after the end of each quarter.

From 1 July 2026, employees can 'staple' their existing super fund to their new job unless they actively choose a different fund — this prevents the creation of multiple accounts. SG contributions are paid in addition to your salary — they do not reduce your take-home pay unless you salary sacrifice into super. The ATO enforces SG compliance; underpayment incurs SG charge plus penalties.

The Australian Government Parental Leave Pay (PLP) scheme provides government-funded paid parental leave for eligible parents. From 1 July 2025, the scheme provides up to 22 weeks (110 days) of PLP at the National Minimum Wage. The Albanese Government committed to expanding this to 26 weeks (130 days) by July 2026 as part of the 'Paid Parental Leave (Improving Flexible Work and Gender Equality) Act 2023'.

To be eligible, the primary claimant must: have had a child born or adopted on or after 1 July 2023; have worked for 10 of the 13 months before the birth; have had individual adjusted taxable income of $168,865 or less in the 2025/26 financial year; be the primary carer; and be an Australian resident. Partners can share the leave, including reserved 'Dad and Partner Pay' days.

PLP is paid at the National Minimum Wage (currently $26.44/hour for a 38-hour week = $1,004.90/week pre-tax for 2026/27). Payments are administered through Centrelink (Services Australia) but typically flow through the employer. PLP is taxable income. Employer-funded parental leave can be taken concurrently or in addition — check your employment contract.