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This topic covers
- General protections, certain workplace rights protected under the Fair Work Act 2009 (Cth)
- Injury or illness at work
- Disciplinary action, including meetings and investigations, andÂ
- Other workplace​ issues, for example, workplace surveillance, drug and alcohol testing at work and damage to an employer's property.
This information is for national system employees - employees covered by the Fair Work Act 2009 (Cth). Most employees are national system employees, unless they work for a NSW government agency, Local Council or state government owned corporation.
This topic does not apply to state system employees - employees that work for a NSW government agency, Local Council or state government owned corporation, except where stated. For more information, see State system employees.
| Time limit | Action |
|---|---|
| General protections | |
| Six years | To apply for a general protections non-dismissal order in the Federal Circuit and Family Court of Australia or Federal Court of Australia. |
| No time limit | To apply to the Fair Work Commission for a meeting to resolve a general protections dispute with your employer, unless your employment has been terminated and you are making a general protections dismissal application - in this situation a strict time limit applies. See the Termination topic. |
Organisations
| Organisation | Responsibilities |
|---|---|
| Fair Work Commission | Has the power to:
|
| Federal Circuit and Family Court of Australia and Federal Court of Australia | Has the power to deal with general protection disputes. |
Legislation
| Authority | Covers |
|---|---|
| Fair Work Act 2009 (Cth) | Applies to all employees unless they are employed by a NSW government agency, a Local Council or a NSW state government owned corporation. Employees that fall under the Fair Work Act 2009 (Cth) are referred to as national system employees. |
| Fair Work Commission Rules 2024 | The Fair Work Commission Rules 2024 are the procedural rules of the Fair Work Commission (FWC). |
| Work safety laws | There are several laws relating to health and safety in the workplace, including:
|
| Common term | Definition |
|---|---|
| Adverse action | Unlawful action taken by an employer against an employee because they have a workplace right or have used, or tried to use, a workplace right. It includes:​
|
| Award | A legal document that sets out the minimum wages and employment conditions for your industry or occupation. Most employees in Australia are covered by modern awards. |
| ​Camera surveillance | ​Surveillance that tracks or records visual images on an employer's workplace or in any other place where the employee is at work. |
| ​Computer surveillance | ​Surveillance by software or other equipment that tracks or records how you use a computer. |
| Corporation | An organisation that has a separate legal entity from its members, such as a company or incorporated association. |
| Enterprise agreement | A single type of agreement between national system employers and employees that sets out minimum employment conditions. It has certain requirements under the Fair Work Act 2009 (Cth) and can apply to one business or a group of businesses. When a workplace has a registered agreement, the award does not apply. |
| ​Federal jurisdiction problem | ​When the NSW Civil and Administrative Tribunal may not determine certain applications because the Constitution does not allow it. |
| General protections | Legal workplace rights protected by the Fair Work Act 2009 (Cth) for national system employees, including the right to:
|
| Modern awards | Awards made after 1 January 2010 that set out the minimum wages and conditions for your industry or occupation. Most jobs are covered by a modern award, except for some managers and employees who are high income employees and earn over $175,000 (as at 1 July 2024). |
National employment standards (NES) | Standards that set out the 10 minimum entitlements for all employees in Australia. They are part of the Fair Work system that began on 1 January 2010. The standards cover a range of entitlements, including:
|
| National system employee | An employee covered by the Fair Work Act 2009 (Cth). It excludes most State government and local government employees, including employees working in the NSW public service, for a Local Council, or a state-owned corporation. |
| ​Surveillance | ​Surveillance of an employee by camera, computer software or equipment, or tracking device. |
| ​Tracking surveillance | ​Surveillance that tracks the location or movement of an employee, for example by a Global Positioning System (GPS) tracking device. |
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| Organisation | Fee |
|---|---|
| Fair Work Commission | You have to pay a filing fee to apply to the Fair Work Commission. See Apply or lodge on the Fair Work Commission website. If you are in serious hardship, you can ask for the fee to be waived. |
Federal Court of Australia Federal Circuit Family Court of Australia (FCFCOA) | You have to pay a filing fee to apply to the Federal Court or FCFCOA. See Court fees on the Federal Court of Australia website and General federal law fees on the FCFCOA website. You can apply for an exemption from paying the filing fee in certain circumstances. See Exemption From Paying Court Fees on the Federal Court of Australia website. |
| Organisation | Forms |
|---|---|
| Fair Work Commission | General protections application not involving dismissal |
| Federal Circuit and Family Court of Australia | Form 4 - Claim under the Fair Work Act 2009 alleging contravention of a general protection – paragraph 45.08(b) Federal Circuit and Family Court of Australia |
| Federal Court of Australia | Forms |
| My problem is about | Forms - General protections dismissal Forms - Wages and entitlements |
| Organisation | Type | Costs |
|---|---|---|
| Fair Work Commission | Legal costs | Generally, each party is responsible for their own legal costs. However, in some circumstances the Fair Work Commission can make costs orders against a party, for example, if a general protections application was made without reasonable cause, or where it was vexatious, or if the application did not have reasonable prospects of success. In some circumstances the Fair Work Commission can also make costs orders against a lawyer or agent representing a part. For example, if the lawyer encouraged an application to be made even though there were no reasonable prospects of success, or where they caused costs to be incurred because of something they did or did not do with the case. |
Federal Court of Australia Federal Circuit and Family Court of Australia | Legal costs | If you have a general protections dispute being heard in the Federal Court of Australia or Federal Circuit and Family Court of Australia, you will usually have to pay your own legal costs if you get a lawyer to represent you. In limited circumstances, the Court can make a cost order, for example, where one party started proceedings vexatiously or without reasonable cause, has refused to participate in proceedings, or has caused the other party to incur costs. |
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Last updated: January 2025