# Australia Employment Law — Jurisdiction Reference Map

> **Review map only.** This file describes the structure of the Australian employment-law regime and where to verify requirements. The national Fair Work system covers most private-sector employers, but certain employers remain subject to state industrial-relations systems — confirm coverage before proceeding. This file is not legal advice, may be out of date, and must be verified against current official sources. Jurisdiction-specific conclusions require qualified Australian employment counsel.

Last verified: 2026-05-18

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## Regime overview

Australia's employment law operates primarily under the Fair Work Act 2009 (Cth), administered by the Fair Work Ombudsman (FWO) and the Fair Work Commission (FWC). The national system covers constitutional corporations, the Commonwealth, and certain other employers. A small number of employers — principally in Western Australia (non-incorporated employers) — remain under state industrial systems; confirm which system applies before proceeding.

The Fair Work system sets the National Employment Standards (NES) as a minimum safety net applying to all national system employees. Modern awards and enterprise agreements sit above the NES and set additional conditions for covered employee populations. The general protections provisions (adverse action) and unfair dismissal regime operate as distinct heads of claim with different eligibility criteria, time limits, and remedies.

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## Primary regulators and bodies

| Body | Role | Official source |
|---|---|---|
| Fair Work Ombudsman (FWO) | Compliance and enforcement — NES, awards, agreements, general protections | https://www.fairwork.gov.au |
| Fair Work Commission (FWC) | Unfair dismissal, general protections (dismissal), enterprise agreements, industrial action | https://www.fwc.gov.au |
| Australian Human Rights Commission (AHRC) | Federal discrimination and human rights complaints | https://humanrights.gov.au |
| State and territory anti-discrimination bodies | State discrimination complaints (parallel to federal) | Varies — verify per state/territory |
| Office of the Australian Information Commissioner (OAIC) | Privacy Act 1988 — employee records and personal data | https://www.oaic.gov.au |
| Safe Work Australia | Model work health and safety laws; national policy | https://www.safeworkaustralia.gov.au |
| State WorkCover/SafeWork authorities | Workers' compensation; WHS enforcement | Varies — verify per state/territory |

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## Primary statutes and frameworks

| Statute / framework | Subject | Official source |
|---|---|---|
| Fair Work Act 2009 (Cth) | NES, unfair dismissal, general protections, enterprise bargaining, industrial action | https://www.legislation.gov.au/Details/C2023C00112 |
| National Employment Standards (NES) | Minimum entitlements: notice, leave, maximum hours, redundancy pay, FWI | https://www.fairwork.gov.au/employment-conditions/national-employment-standards |
| Modern Awards | Industry/occupation-specific minimum pay and conditions | https://www.fairwork.gov.au/employment-conditions/awards |
| Age Discrimination Act 2004 | Protection from age-based discrimination | https://humanrights.gov.au/our-work/age-discrimination |
| Disability Discrimination Act 1992 | Disability discrimination; reasonable adjustments | https://humanrights.gov.au/our-work/disability-rights |
| Racial Discrimination Act 1975 | Race, colour, national or ethnic origin discrimination | https://humanrights.gov.au/our-work/race-discrimination |
| Sex Discrimination Act 1984 | Sex, pregnancy, breastfeeding, sexual harassment discrimination | https://humanrights.gov.au/our-work/sex-discrimination |
| Privacy Act 1988 (Cth) | Employee records exemption and APP obligations for personal data | https://www.oaic.gov.au/privacy/the-privacy-act |
| Work Health and Safety Act (model WHS Act) | WHS duties; psychosocial hazards; consultation | https://www.safeworkaustralia.gov.au/law-and-regulation/model-whs-laws |
| State anti-discrimination legislation | State-level protected attributes and complaint bodies | Verify per state/territory |

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## Structural review checkpoints

**Fair Work system coverage**
- Confirm whether the employer is a national system employer (constitutional corporation, Commonwealth, ACT, NT, or other federal employers) or subject to a state system. Western Australia non-incorporated employers are outside the national system.

**National Employment Standards (NES)**
- The NES apply to all national system employees and cannot be excluded by any agreement. Key NES entitlements include: maximum weekly hours, flexible work requests, leave (annual, personal/carer's, compassionate, parental, community service), public holidays, notice of termination and redundancy pay, and the Fair Work Information Statement.
- Verify current NES entitlements at https://www.fairwork.gov.au/employment-conditions/national-employment-standards — do not state specific leave periods or redundancy pay amounts without verifying against current FWO content.

**Unfair dismissal**
- Eligible employees (meeting minimum employment period — verify current period at https://www.fairwork.gov.au/ending-employment/unfair-dismissal) may apply to the FWC for unfair dismissal remedy.
- A dismissal is unfair if it was harsh, unjust, or unreasonable — the FWC considers: valid reason, notification of reason, opportunity to respond, support person, and size/HR capability of the employer.
- Small business employers (fewer than 15 employees — verify threshold) have different procedural obligations under the Small Business Fair Dismissal Code.
- Application must be lodged within 21 days of dismissal taking effect — verify at https://www.fwc.gov.au/termination-employment/unfair-dismissal.

**General protections (adverse action)**
- General protections apply to all workers in the national system (not just employees) and have no minimum-employment-period requirement.
- Adverse action is unlawful if taken because an employee exercised, or proposed to exercise, a workplace right (including making a complaint, taking leave, engaging in union activity, or invoking a workplace right under an agreement or law).
- There is a reverse onus: once an employee establishes adverse action, the burden shifts to the employer to prove a non-prohibited reason. This is the primary escalation risk for terminations or adverse actions that follow a complaint or the exercise of a workplace right.
- General protections dismissal applications must be lodged within 21 days — verify at https://www.fwc.gov.au.

**Anti-discrimination**
- Four federal anti-discrimination statutes (Age, Disability, Racial, Sex Discrimination Acts) apply to employment. State anti-discrimination laws operate in parallel and may cover additional attributes. Complaints may be lodged with the AHRC and/or state bodies — verify where the employee may file.
- Sexual harassment in the workplace: the Sex Discrimination Act and recent amendments create positive duties on employers to eliminate sexual harassment — verify current obligations at https://humanrights.gov.au.

**Redundancy and retrenchment**
- The NES provides redundancy pay entitlements for employees with qualifying service (excluding small businesses below the threshold — verify). Notice of termination entitlements also apply.
- Genuine redundancy: the position must be genuinely surplus and the employer must consult any applicable modern award or enterprise agreement obligations about major workplace changes. Failure to consult can convert a genuine redundancy into an unfair dismissal.
- Verify current consultation obligations under the applicable modern award or enterprise agreement.

**Modern awards and enterprise agreements**
- Most employees are covered by a modern award or enterprise agreement that imposes additional conditions above the NES. Identify the applicable modern award or enterprise agreement before assessing entitlements. Use the FWO's Pay and Conditions Tool to confirm coverage — https://www.fairwork.gov.au/pay-and-wages/pay-calculator.

**Privacy and employee records**
- The Privacy Act 1988 grants a general exemption for employee records used directly in the employment relationship — verify the scope and limits of this exemption with OAIC guidance at https://www.oaic.gov.au/privacy/the-privacy-act.
- The exemption does not apply to failed job applicants or former employees in all circumstances — verify.

**Work health and safety (psychosocial hazards)**
- Model WHS laws include an obligation to manage psychosocial risks (bullying, harassment, high job demands). Verify whether the applicable state/territory has adopted the model psychosocial risk regulations.
- Workers' compensation obligations are state/territory-based — verify the applicable scheme.

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## Escalation triggers (Australia-specific)

- Any adverse action following an employee's complaint, leave request, union activity, or exercise of any workplace right — general protections reverse onus applies.
- Proposed redundancy where consultation obligations under an award or enterprise agreement may not have been met.
- Sexual harassment complaint — positive duty on employers under amended Sex Discrimination Act.
- Any termination of an employee who may have lodged, or is eligible to lodge, an unfair dismissal or general protections application within the 21-day window.
- Redundancy pay dispute — particularly where NES or agreement entitlements are contested.
- Whether employer qualifies as a small business for Small Business Fair Dismissal Code purposes.

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## Sources

- https://www.fairwork.gov.au — Fair Work Ombudsman (confirmed via search 2026-05-18; 503 on direct fetch — use the search-confirmed URLs)
- https://www.fairwork.gov.au/employment-conditions/national-employment-standards — NES (confirmed via search 2026-05-18)
- https://www.fairwork.gov.au/ending-employment/unfair-dismissal — FWO unfair dismissal (confirmed via search 2026-05-18)
- https://www.fairwork.gov.au/employment-conditions/protections-at-work — general protections (confirmed via search 2026-05-18)
- https://www.legislation.gov.au/Details/C2023C00112 — Fair Work Act 2009 (confirmed via search 2026-05-18)
- https://humanrights.gov.au — Australian Human Rights Commission (confirmed via search 2026-05-18)
- https://www.fwc.gov.au — Fair Work Commission
- https://www.oaic.gov.au — Office of the Australian Information Commissioner
