Employment Law in Australia

Am I covered by the Fair Work Act, or by a state system?

Most private-sector employees in Australia are covered by the Fair Work Act 2009 (Cth) and the national system run by the Fair Work Commission. State and local government employees, and some others, remain under state laws such as the Industrial Relations Act 1996 (NSW) or the Industrial Relations Act 2016 (Qld). Victoria referred its private-sector powers to the Commonwealth, so most Victorian employees are under the Fair Work Act. If you are not sure which system applies to you, that is one of the first things worth checking.

I think I was dismissed unfairly. How long do I have to act?

An eligible employee must apply to the Fair Work Commission within 21 days of the dismissal taking effect. This is a strict deadline, and extensions are only granted in limited circumstances. Eligibility also depends on rules such as the minimum employment period (generally six months, or twelve months for a small business with fewer than 15 employees) and the high income threshold, which is reviewed each year on 1 July. Because the window is so short, it is worth getting information quickly rather than waiting.

My employer has underpaid me. What can I do?

Start by gathering your records: pay slips, your roster or timesheets, your contract, and any award or agreement that applies. The Fair Work Ombudsman gives free help on pay and entitlements (Fair Work Infoline 13 13 94) and can investigate underpayments. Since 1 January 2025, intentional underpayment of wages can be a criminal offence, with serious penalties for employers. A claim to recover unpaid amounts generally has a six-year time limit, but the sooner you act, the easier it is to prove what you are owed.

What is a general protections (adverse action) claim?

The Fair Work Act prohibits an employer taking adverse action, such as sacking, demoting or disadvantaging someone, because that person exercised a workplace right (like making a complaint or asking about pay) or because of a protected attribute. These claims are usually dealt with at the Fair Work Commission and, if not resolved there, can proceed to the Federal Circuit and Family Court of Australia. Time limits are short, particularly where a dismissal is involved (generally 21 days), so check the deadline that applies to you.

Am I an employee or an independent contractor, and why does it matter?

It matters a great deal: employees get the National Employment Standards, award and agreement entitlements, and protections like unfair dismissal, while genuine contractors do not. Calling someone a contractor in a written agreement does not settle the question on its own; the substance of the working relationship is what counts. Disguising an employment relationship as a contract (sham contracting) is unlawful. If your label and your day-to-day reality do not match, it is worth getting this checked.

Can I get help if I cannot afford a lawyer?

Yes. Information from Legal Hotline is free, and the Fair Work Ombudsman provides free help on pay and workplace rights. The legal aid commissions can assist in some employment matters, including Legal Aid NSW, Victoria Legal Aid and Legal Aid Queensland. If you need advice on your own facts or representation, we can book you a fixed-fee consultation with an admitted Australian lawyer so the cost is clear before you commit.