Every Australian employee has minimum rights protected by federal and state law. These include minimum pay rates, leave entitlements, protection from unfair dismissal, and the right to a safe workplace.
Know your minimum entitlements
The National Employment Standards (NES) set out 11 minimum entitlements for all employees covered by the national workplace relations system. These include maximum weekly hours, flexible working arrangements, parental leave, annual leave, personal leave, and notice of termination.
Awards and enterprise agreements may provide additional entitlements above the NES minimums.
Unfair dismissal claims have a 21-day deadline
The Fair Work Commission must receive your application within 21 calendar days of the dismissal taking effect. This deadline is strictly enforced.
Unfair dismissal and general protections
If you believe you've been unfairly dismissed, you may be able to lodge a claim with the Fair Work Commission. Strict timeframes apply — generally 21 days from the date of dismissal. General protections claims cover a broader range of workplace rights. Applications to the Fair Work Commission involving dismissal generally must be lodged within 21 days after the dismissal takes effect. For general protections applications not involving dismissal, the Commission’s guidance allows up to six years after the incident. The applicable process and time limit depend on the type of claim.
See the Fair Work Commission guidance: General protections applications not involving dismissal.
Questions to ask before taking action
Are you being paid correctly? Check your pay against the relevant award or enterprise agreement using the Fair Work Pay Calculator.
Was proper process followed? Dismissals generally require valid reason and procedural fairness.
Are your leave entitlements correct? Check annual leave, personal leave, and long service leave calculations.
Is your workplace safe? Employers have a duty to provide a safe working environment under work health and safety laws.
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Disclaimer: The information provided by Know Your Rights Group is for educational purposes only and does not constitute legal advice. Always seek independent legal advice for your specific situation.