Employment law in Australia: deadlines, costs and your next step
If you have lost your job, record when the dismissal took effect before choosing a claim. Use the coverage, deadline and document checklists below to prepare for advice about dismissal, unpaid wages or a workplace dispute.
Key points
- Ordinary national-system unfair-dismissal and general-protections dismissal applications must be lodged within 21 days after dismissal takes effect. Extensions require exceptional circumstances; seek advice promptly even if you may be late.
- Check which employment system covers you. State and local government rules vary, and Western Australia also has substantial private-sector exclusions from the national system.
- Unfair dismissal and dismissal for a prohibited reason are different claims. General protections does not use the unfair-dismissal six/twelve-month service or income gateway; do not lodge multiple dismissal claims without checking the restrictions.
- From 1 July 2026, the FWC filing fee for unfair dismissal and general-protections applications is $92.70. A serious-hardship waiver may be available; lawyer costs and court fees are separate.
- Calling a lawyer, negotiating, making an internal appeal or requesting free advice does not itself lodge a claim or stop the deadline. Confirm the correct application has actually been lodged.
- Bring the employment and evidence checklist to advice. Legal Hotline’s $295 including GST matching and arrangement fee includes the initial one-hour lawyer consultation; later work is separate.
In Australia’s national workplace system, sections 366 and 394 of the Fair Work Act 2009 ordinarily require general-protections dismissal and unfair-dismissal applications within 21 days after dismissal takes effect; as checked on 23 October 2026, the Fair Work Commission may extend either period only for exceptional circumstances.
Checked on 23 October 2026: the current Fair Work Act and Regulations, Fair Work Commission and Ombudsman guidance, the 1 July 2026 fee notice, WA tribunal guidance and official free-help services. Sources and limits of this check.
Does national or state employment law apply?
The employer’s legal identity, business structure and location matter. Use the FWC coverage guide and keep the employer name and ABN from your contract or pay slip. A workplace’s trading name alone does not settle the issue.
Scroll the tables sideways to compare all columns.
| Place or employer | Usual position | What needs checking |
|---|---|---|
| NSW, Queensland and South Australia | Private enterprise generally national; state public sector and local government generally state. | The actual employing entity and any specific exception. |
| Victoria | Most employees, including most state government employees, are national-system employees. | Specified senior/public-sector categories and law-enforcement exclusions. |
| Tasmania | Private enterprise and local government are national; state public sector is state. | Do not assume all council workers are outside Fair Work. |
| Western Australia | Constitutional-corporation employers generally national. State/local government and many unincorporated private employers are state. | Sole traders, unincorporated businesses and non-trading corporations are generally state; some partnerships need closer examination. |
| ACT and Northern Territory | Generally national. | FWC identifies NT Police Force members as an exception; check unusual arrangements. |
State laws may still govern matters such as long service leave, discrimination, safety and workers’ compensation for national-system workers. Being outside national unfair dismissal does not mean there is no other protection or remedy.
Unfair dismissal or general protections: which question matters?
The unfair-dismissal route asks whether an eligible employee’s dismissal meets the statutory unfairness test. A general-protections dismissal claim concerns a prohibited reason, such as exercising a workplace right. A bad outcome following a complaint is not, by itself, proof of the employer’s reason.
Scroll the tables sideways to compare all columns.
| Issue | What needs to be established | Important distinction |
|---|---|---|
| Unfair dismissal | Eligibility and whether dismissal was harsh, unjust or unreasonable, inconsistent with the applicable Small Business Fair Dismissal Code and not a genuine redundancy. | Minimum service and the award/agreement/income gateway apply. Reinstatement or compensation depends on the statutory requirements; neither is automatic. |
| General protections involving dismissal | The applicable protection, dismissal and an alleged prohibited reason or contravention. | The unfair-dismissal service and income tests do not apply. FWC usually attempts resolution; unresolved proceedings have a further deadline. |
| Adverse action without dismissal | The workplace right or other protection, the action and the alleged prohibited reason. | A consensual FWC conference or court route may be available. The dismissal-specific 21-day rule is not a universal deadline for this dispute. |
| Unpaid pay, leave or final pay | The entitlement, amount due, payment dates and amount actually paid. | This is a recovery/entitlements issue. A separate dismissal claim may also need urgent attention. |
Sections 725–732 restrict multiple applications or complaints about the same dismissal. Do not lodge unfair dismissal, general protections and a discrimination complaint together just to be safe. Exceptions and withdrawal consequences need checking; switching routes does not restart the clock.
Who can apply for national unfair dismissal?
The usual minimum employment period is six months, or twelve months for a small-business employer. Section 383 measures the period to the earlier of notice being given or immediately before dismissal: a notice period does not necessarily complete eligibility.
A small-business employer has fewer than 15 employees under the statutory counting rules. Count associated entities together, include the dismissed employee, and apply the rules for regular casual employees; do not use only one branch’s headcount.
Section 382 also requires modern-award coverage, an enterprise agreement applying, or earnings below the high-income threshold. The threshold is $190,100 for dismissals on or after 1 July 2026. Earning more does not automatically exclude an employee covered by an award or applicable agreement. Statutory earnings may differ from a salary or take-home-pay figure.
Casual service can count if the statutory conditions are met, including regular casual employment and a reasonable expectation of continuing work on a regular and systematic basis. Eligibility also depends on whether there was a dismissal and the other statutory tests; this checklist cannot decide an individual case.
Employment claim deadlines: protect the correct date
Record when notice was communicated, the effective termination date, last shift and any payment in lieu. Do not assume that the letter date or last shift always starts the dismissal clock. Day one of the ordinary federal 21-day period is the day after dismissal takes effect.
Scroll the tables sideways to compare all columns.
| Route or step | Time rule | Qualification or next action |
|---|---|---|
| National unfair dismissal — section 394 | Within 21 days after dismissal takes effect. | FWC may extend for exceptional circumstances after considering the statutory factors. Do not wait for every document before seeking filing help. |
| National general-protections dismissal — section 366 | Within 21 days after the alleged dismissal takes effect. | Exceptional-circumstances extension power; its listed factors are not identical to unfair dismissal. |
| General protections after FWC issues its unresolved-dispute certificate | Court proceedings normally within 14 days after the certificate is issued. | The court may allow further time. The ordinary certificate prerequisite has an interim-injunction exception. |
| Agreed FWC arbitration of that general-protections dismissal dispute | Notify FWC of all parties’ agreement within 14 days after the certificate, unless FWC allows further time. | Arbitration cannot be chosen unilaterally; statutory and procedural conditions apply. |
| Eligible WA state-system unfair-dismissal application | WAIRC guidance gives 28 days, with its stated late-acceptance discretion. | Check the state route, eligibility and any public-sector procedure; do not substitute federal rules. |
| Federal unpaid-entitlement recovery | Generally six years from the contravention; underpayment orders cannot cover a period more than six years before proceedings began. | Each payment may have a different date. This is not six years from leaving the job or a deadline for every employment claim. |
Other state systems, discrimination claims and non-dismissal proceedings need their own time-limit check. WAIRC’s state guide does not establish federal eligibility. If time may have expired, get advice about the available extension and supporting evidence promptly.
Underpayment, employment status, bullying and harassment
National-system minimum conditions include the 12 NES categories, awards and applicable agreements. The NES includes superannuation contributions; entitlement conditions differ, especially for casual employees. A contract cannot simply remove the statutory minimum.
For underpayment, compare pay slips, actual hours, rosters, bank payments and the relevant award/agreement. The FWO Pay and Conditions Tool can help. Raise discrepancies factually where safe, but do not let discussions delay a separate dismissal claim. FWO assistance is not a guarantee it will recover every debt.
Certain unpaid-entitlement claims up to $100,000, plus interest, can use the federal small-claims procedure. Entitlement type, time limits and procedure matter; it is not a route for every workplace dispute. A lawyer generally needs court permission to represent a party in that procedure.
Since 1 January 2025, intentional failure to pay covered wages or entitlements can be a federal criminal offence. Honest error is insufficient, and section 327A contains exclusions, including certain entitlements of state-referred employees. Criminal enforcement and recovering your money are distinct processes.
An ABN, invoice or contract label alone does not decide employee/contractor status. The whole-of-relationship test applies to relevant work for constitutionally covered businesses from 26 August 2024; state-referred businesses, earlier work and qualifying opt-outs involve different rules. Genuine contractors can also have statutory protections or remedies.
The federal stop-bullying route concerns repeated unreasonable behaviour creating a health and safety risk in the covered setting. Reasonable management action carried out reasonably is excluded. A stop order requires an ongoing risk; this power cannot award money.
Sexual harassment and discrimination require separate assessment of conduct, dates, jurisdiction and remedies. The FWC sexual-harassment process distinguishes conduct before 6 March 2023. Do not apply a generic dismissal deadline to every harassment complaint.
What does employment-law help cost?
The FWC’s 1 July 2026 notice sets the application fee below. Filing fees and a lawyer’s work are different expenses; ask for the scope and price of each proposed stage.
Scroll the tables sideways to compare all columns.
| Item | Amount or rule | What it covers |
|---|---|---|
| FWC unfair-dismissal or general-protections application | AUD $92.70 from 1 July 2026. | The relevant FWC filing fee, not lawyer representation or later court fees. |
| Serious-hardship fee waiver | No fee if FWC is satisfied the serious-hardship test is met. | Apply using the relevant waiver process/Form F80; approval is not automatic. |
| Legal Hotline initial lawyer consultation | AUD $295 including GST. | Matching and arrangement fee, with an initial one-hour consultation with a participating lawyer and no additional first-hour lawyer fee. Subject to suitability and availability. |
| Later legal work, filing or representation | Separate scope and charges agreed with the lawyer; official fees may also apply. | Not included in the initial arrangement fee. Representation in FWC matters may require its permission. |
A consultation does not lodge a claim, guarantee a lawyer can act before your deadline, or purchase a particular result. Confirm availability and the agreed work. Free official and eligibility-based legal-help routes are listed below.
What should you prepare before speaking to a lawyer?
Prepare a short chronology and identify the outcome you want, such as keeping your job, challenging dismissal or recovering unpaid wages. Bring what you have; do not miss a deadline while waiting for a complete file.
Scroll the tables sideways to compare all columns.
| Question to resolve | Useful records |
|---|---|
| Who employed you, and under which system? | Employer’s legal name/ABN, business structure, workplace state, contract and position description. |
| When did employment start and end? | Start date, dismissal/redundancy/resignation letter, date communicated, effective date, notice or payment-in-lieu details, last shift and internal appeal. |
| Do unfair-dismissal eligibility rules apply? | Employment type, casual work pattern, employer/group headcount, award/agreement, gross remuneration and benefits. |
| Why did the dispute occur? | Dated chronology, complaints, employer responses, performance records, warnings, relevant messages and potential witnesses. |
| What money is unpaid? | Pay slips, rosters, actual hours, bank records, leave/final-pay calculations and an itemised discrepancy list. |
| Has any claim or agreement already been made? | Application/complaint, receipt, correspondence, certificate and any proposed or signed settlement/release. Get advice before signing away rights. |
Prepare for one-hour employment-law advice — $295
Use the initial hour to check coverage, the appropriate claim and urgent dates; review the employment chronology and key evidence; and discuss further work, costs and representation requirements. Legal Hotline is not a law firm. The free 1800 951 176 line offers AI general information from Jen, not a solicitor’s advice on your case.
Arrange an initial one-hour consultation with an Australian lawyer for $295 including GST. This is Legal Hotline’s matching and arrangement fee; the lawyer charges no additional fee for that first hour. Any further work is quoted separately. Phone, video and in-person appointments depend on availability.
Legal Hotline is not a law firm. The initial consultation does not include lodging an application or representation unless separately agreed. Confirm lawyer availability and the exact work before relying on a booking for an urgent deadline. Later work is agreed separately.
Official help and free legal information
Free official information and eligibility-based legal advice may help. These services have different roles; asking for help does not lodge a claim or extend a deadline.
Fair Work Ombudsman
Free workplace-entitlement information and assistance: 13 13 94, Monday–Friday 8 am–5:30 pm, except public holidays. It does not decide unfair dismissal or give individual legal advice. Contact and tools.
Fair Work Commission
Procedural help: 1300 799 675, Monday–Friday 9 am–5 pm local time, closed public holidays. Staff cannot provide legal advice. Contact FWC.
Workplace Advice Service and other legal help
Check eligibility for free independent advice; employee criteria include having no lawyer/paid agent and not belonging to a union. Appointments are subject to availability. Requesting advice does not lodge your application. Other legal-help services and your union may assist under their own criteria.
WA Wageline
State-system pay/leave information and help identifying coverage: 1300 655 266. Contact Wageline.
Common questions about employment law in Australia
How long do I have to challenge a dismissal?
Ordinary national unfair-dismissal and general-protections dismissal applications must be lodged within 21 days after dismissal takes effect. FWC extensions require exceptional circumstances. State routes can differ: WAIRC gives eligible state-system applicants 28 days, subject to its late-acceptance discretion. A general-protections certificate can trigger a further 14-day step. Check the correct route and date promptly; calling for advice does not lodge the claim.
Can I claim unfair dismissal if I earn more than $190,100 or work casually?
Possibly. For dismissals from 1 July 2026, modern-award coverage or an enterprise agreement applying can satisfy the income-related gateway even above $190,100. Casual service can count under the statutory regular-work and reasonable-expectation conditions. Minimum service and the other eligibility tests still apply; six months is usual, or twelve months for a small-business employer.
Is general protections the same as unfair dismissal?
No. Unfair dismissal concerns the statutory unfairness test for an eligible employee. General protections concerns a prohibited reason or contravention, such as adverse action because a person exercised a workplace right. It does not use the unfair-dismissal minimum-service or income gateway. Do not lodge multiple dismissal claims without checking the restrictions, and do not assume every unfair event proves a prohibited reason.
What can I do about unpaid wages or final pay?
Gather pay slips, actual hours, rosters, bank records and your award/agreement and contract. FWO provides free entitlement information and assistance. Federal recovery generally has a six-year contravention limit and a six-year underpayment-period restriction; eligible claims up to $100,000 plus interest may use small claims. Different causes of action have different rules. A pay discussion does not protect a separate dismissal deadline.
Do all Australian workers have the same employment-law rights?
No. National/state coverage depends on the employer and jurisdiction, and particular rights have eligibility conditions. Most Victorian employees and Tasmanian council employees are nationally covered, while WA has important private-sector state-system coverage. An ABN or contractor label alone does not settle status; genuine contractors can also have protections. Check the actual employment relationship and law rather than relying only on the workplace name.
Can I get free help, and what does the $295 consultation include?
FWO gives free workplace-entitlement information; FWC gives procedural information and offers an eligibility-based Workplace Advice Service. Unions and community legal services may also help. Legal Hotline’s optional $295 including GST fee arranges an initial one-hour consultation with a participating lawyer, who charges no additional fee for that hour. Later work, filing fees and representation are separate, and availability must be confirmed.
Sources and update record
Checked on 23 October 2026 against the current federal Act/Regulations and linked official guidance. WA’s 28-day statement is the tribunal’s published guide; this is not a complete state-law, discrimination or award-entitlement audit. Effective dismissal dates, coverage, eligibility, extension applications and individual outcomes require the actual records. The separate commercial-service source verifies the arrangement model, not the law.
- Fair Work Act 2009 — current compilation 73, 7 July 2026
- Fair Work Regulations 2009 — current compilation 57, 1 October 2026
- FWC: national workplace-relations coverage
- FWO: the Fair Work system
- FWO: National Employment Standards
- FWC: unfair-dismissal eligibility and applications
- FWC: general-protections dismissal applications
- FWC: general protections without dismissal, Form F8C
- FWC: fees and thresholds from 1 July 2026
- FWC: application fee and hardship waiver
- WAIRC: state-system unfair-dismissal applications
- Federal Circuit and Family Court: Fair Work small claims
- FWO: criminalising wage underpayments
- FWO: whole-of-relationship test
- FWC: bullying at work
- FWC: sexual harassment
- FWO: contact and hours
- FWC: contact and hours
- FWC: Workplace Advice Service
- FWC: where to find legal help
- WA Government: Wageline
- Legal Hotline: arrangement fee and initial lawyer consultation
General information only, not legal advice. Updated . Checked against the sources above on 23 October 2026.