Employment rights

Information about the rights and entitlements of employees.

This topic covers
- General protections, certain workplace rights protected under the Fair Work Act 2009 (Cth)
- Unlawful discrimination at work
- Injury or illness at work
- Disciplinary action, including meetings and investigations, and
- 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.
Discrimination at work
12 months	From each incident of discrimination to make a complaint to Anti-Discrimination NSW.
12 months	To complain to the Australian Human Rights Commission (AHRC) about employment discrimination based on religion, criminal record, trade union activity, sexual preference, political opinion and social origin.
24 months	To complain to the AHRC. Before 12 December 2022, the time limit was 6 months for any complaints other than unlawful sex discrimination and sexual harassment.
60 days	To apply to the Federal Court of Australia or Federal Circuit and Family Court of Australia after the AHRC issues a complaint termination notice.

Organisations

Organisation	Responsibilities
Anti-Discrimination NSW	Can deal with discrimination complaints made under the Anti-Discrimination Act 1977 (NSW).
Australian Human Rights Commission	Can deal with discrimination complaints made under Federal discrimination laws, including: Disability Discrimination Act 1992 (Cth) Racial Discrimination Act 1975 (Cth) Sex Discrimination Act 1984 (Cth), and Age Discrimination Act 2004 (Cth).
Fair Work Commission	Has the power to: deal with general protections disputes make stop bullying orders make stop sexual harassment orders.
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: Work, Health and Safety Act 2011 (Cth), and Workers Compensation Act 1987 (NSW).

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:

Work, Health and Safety Act 2011 (Cth), and
Workers Compensation Act 1987 (NSW).

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: dismissing or demoting an employee reducing an employee's hours or overtime hours discriminating between an employee and other employees injuring (detrimentally treating) an employee in the terms or conditions of their employment.
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: correct pay, leave and other entitlements be in a union and participate in union activity not be in a union or participate in union activity take time off work, if you are injured or sick not be the victim of unlawful discrimination complain or enquire about workplace conditions the benefit of any industrial law or instrument, for example, an award or enterprise agreement.
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: maximum weekly hours requests for flexible working arrangements parental leave and related entitlements annual leave personal/carer's leave compassionate leave unpaid family and domestic violence leave community service leave long service leave public holidays notice of termination and redundancy pay.
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.
Unlawful Discrimination	When someone is treated differently because of a particular ground (for example, their sex (including transgender), race, age, sexual preference, disability or illness, marital status or pregnancy and family or carers responsibilities) in a particular area (for example, work, education, accommodation, in the provision of goods and services).
Vilification	When someone says or does something in public that could make other people ridicule or hate a particular group of people.

Organisation	Fee
Anti-Discrimination NSW	There is no fee to make a complaint to Anti-Discrimination NSW.
Australian Human Rights Commission	There is no fee to make a complaint to the Australian Human Rights Commission.
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
Anti-Discrimination NSW	How to make a complaint
Australian Human Rights Commission	Make a complaint form
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 - Unfair 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. If you have made a discrimination claim in the Federal Court of Australia or Federal Circuit and Family Court of Australia, the Court will generally order that the losing party pay the successful party's costs. The Court can put a cap on costs if there is a public interest in the case being heard.

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.

If you have made a discrimination claim in the Federal Court of Australia or Federal Circuit and Family Court of Australia, the Court will generally order that the losing party pay the successful party's costs. The Court can put a cap on costs if there is a public interest in the case being heard.

Frequently Asked Questions

General protections FAQs

Frequently Asked Questions about general protections.

Discrimination at work FAQs

Frequently Asked Questions about discrimination at work.

Injury or illness FAQs

Frequently Asked Questions about injury or illness.

Disciplinary action FAQs

Frequently Asked Questions about disciplinary action.

Other workplace issues FAQs

Frequently Asked Questions about other workplace issues.

Our services

Employment Law Service

This service provides free legal advice, assistance and representation for workers with employment law problems.

Respect At Work Legal Service

This service provides holistic and trauma-informed legal services to people who have experienced sexual harassment and/or discrimination in the workplace.

More services

Ability Rights Centre

Ability Rights Centre provides free legal advice, casework and professional consultation to people with cognitive impairment living in NSW regarding employment matters.

Aus Centre for Disability Law

Call the Australian Centre for Disability Law on 1800 800 708, 9:30am-12.30pm, Monday-Wednesday, and 1.30pm-4.30pm Thursdays, for free legal help regarding disability discrimination.

Community Legal Centres NSW

Community Legal Centres gives free and confidential legal help to people in need.