Employment
Fair Work Act 2009 awards with a 21-day dismissal clock
A national system under the Fair Work Act 2009, built on modern awards, the National Employment Standards and enterprise agreements. Unfair dismissal claims go to the Fair Work Commission on a strict 21-day clock.
Key rules
- Deadline — Unfair dismissal application: 21 days from the dismissal taking effect
- Deadline — General protections dismissal application: 21 days
Governing law
- Fair Work Act 2009 (Cth) (s. 394)
- Fair Work Regulations 2009
- Work Health and Safety Act 2011
In practice
Minimum terms come from three layers: the 11 National Employment Standards, the relevant modern award for the industry or occupation, and any enterprise agreement, which must pass the better off overall test against the award. Unfair dismissal protection requires a minimum employment period of six months, or 12 months for a small business, and the 21-day filing deadline is extended only in exceptional circumstances. General protections claims cover adverse action for a workplace right and, unlike unfair dismissal, are not capped in compensation. Casual employees gained a statutory pathway to convert to permanent employment, and 2024 amendments introduced a right to disconnect outside working hours.