FAQ

The Fair Work Act in Australia provides a framework for regulating employment relationships, incorporating various provisions to ensure fairness and balance between employers and employees. One crucial aspect of this legislation is the set of general protections provisions designed to safeguard the rights and interests of workers.
The other major element are the unfair dismissal provisions which provide that the employer must have a “valid reason for the dismissal,” and the process should not be “harsh, unjust, or unreasonable.” These criteria, embedded in the Fair Work Act, ensure that employees are treated fairly even in the event of termination.

Under the Fair Work Act, employers and employees often establish terms and conditions of employment through enterprise agreements. These agreements outline the rights and obligations of both parties, ensuring a fair and transparent working relationship.

However, circumstances may arise where an employee faces dismissal, particularly in the case of genuine redundancy.
This occurs when a position becomes redundant due to operational changes within the organization, and there are fair and clear guidelines for handling such situations.
A redundancy cannot be considered ‘genuine’ if it was reasonable to redeploy the employee within the business, or if there was no consultation as per the obligations in the relevant EBA or award.

To qualify for protection under unfair dismissal laws, an employee must have completed the minimum employment period of 12 months for a small business or 6 months where the employer has 15 or more employees.

When an employee is dismissed, the Fair Work Act sets out specific criteria to determine the validity of the dismissal. Employers are expected to provide a valid reason for the dismissal, and the process should not be deemed harsh, unjust, or unreasonable.

Small business employers, are subject to slightly different rules. They may follow the Small Business Fair Dismissal Code, which provides a guide for conducting fair dismissals. This code ensures that small businesses handle dismissals in a manner consistent with the principles of fairness.

Casual employees, although not entitled to the same level of job security as permanent employees, still have rights under the Fair Work Act. They can seek protection from unfair dismissal if their employment was regular and systematic and they meet the minimum employment period.

When an employee believes their dismissal was harsh, unjust, or unreasonable, we can file unfair dismissal claims with the Fair Work Commission. This independent body plays a crucial role in resolving disputes between employers and employees, ensuring that due process is followed and justice is served.

The Fair Work Act emphasizes the importance of fairness and reasonable treatment for employees, providing a balance between the interests of both parties. The unfair dismissal protections under Australian law exist to ensure that a ‘fair go all round’ is given to both employees and employer.
Dismissals should be conducted with a valid reason, adhering to principles of fairness, and the Fair Work Commission can intervene when disputes arise

The Fair Work Commission conducts conciliations (and if necessary arbitrations) on cases of unfair dismissal. Most unfair dismissal cases (over 80%) are resolved at a conciliation, which is a voluntary and informal telephone meeting, held about 3-4 weeks after your claim is lodged.
If your case can’t be resolved at conciliation it can proceed to an arbitration before a Member of the Commission.