This is national law, so it applies across Australia. Some services listed here are in Victoria. For services in your state or territory, see Help in other states.
In Western Australia, some employers are covered by the WA state system instead of the Fair Work Act. These include sole traders, partnerships and other businesses that are not companies. Check which system covers you before you apply anywhere.
What you need to know
Most workers in Australia are covered by the Fair Work Act 2009 and the National Employment Standards. Your award or agreement sets your minimum pay and conditions, and no contract can give you less.
If something goes wrong, the deadlines can be very short. A dismissal claim must be lodged within 21 days, so get advice early.
- You have 21 days from the day your dismissal took effect to apply to the Fair Work Commission.
- You can check your award and minimum pay with the Fair Work Ombudsman Pay Calculator.
- You can make a small claim for unpaid wages of up to $100,000, within 6 years of the underpayment.
- Since 1 January 2025, intentionally underpaying an employee can be a Commonwealth crime.
- All employees, including casuals, can take 10 days of paid family and domestic violence leave each year.
- You can refuse unreasonable contact from work outside your working hours.
- Bullying and sexual harassment can be taken to the Fair Work Commission, a human rights commission or WorkSafe Victoria.
How we can help
- Advice on unfair dismissal, general protections and redundancy.
- Advice on underpayment, unpaid super and final pay.
- Help preparing Fair Work Commission forms, including Form F2 (unfair dismissal) and Form F8 (general protections dismissal).
- Help writing letters to employers about pay or entitlements owed.
- Help preparing for conciliation and conferences at the Fair Work Commission.
- Help preparing a small claim for unpaid wages.
- Advice on bullying and sexual harassment at work.
- Advice for migrant workers and visa holders, with referrals to the Migrant Workers Centre and JobWatch where needed.
Guides
- Your basic rights at workEvery employee in the national system is covered by the National Employment Standards, a set of minimum rights that no award, agreement or contract can take away.
- I have been dismissed. What can I do?If you were dismissed unfairly, or for a reason the law bans, you may be able to apply to the Fair Work Commission.
- I have not been paid properlyMost workers' minimum pay comes from an award, and you can check yours with the Fair Work Ombudsman Pay Calculator.
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Where this information comes from
These are public sources we used to write the guides on this page. They are general information, not legal advice about your situation.
- Fair Work Ombudsman National employment standards
- Fair Work Commission Apply
- Fair Work Commission General protections applications
- Fair Work Ombudsman Pay calculator
- Fair Work Ombudsman About the small claims court
- Fair Work Ombudsman Criminalising wage underpayments and other issues
- Fair Work Ombudsman Family and domestic violence leave
- Fair Work Ombudsman Right to disconnect
- Fair Work Commission Sexual harassment
- Fair Work Commission Who can apply stop bullying
- WorkSafe Victoria Report psychosocial hazard
- Victorian Equal Opportunity and Human Rights Commission Discrimination
- Victorian Equal Opportunity and Human Rights Commission Complaints
- Victorian Equal Opportunity and Human Rights Commission Make a complaint
- Victorian Equal Opportunity and Human Rights Commission What you need to know
- Victorian Legislation Equal opportunity act 2010
- Victorian Legislation Victorian legislation
- Federal Register of Legislation Australian Human Rights Commission Act 1986 (Cth)