Employment law in the Australian Capital Territory

• Long Service Leave Act 1976 (ACT) (ACT)

  Provides long service leave for ACT employees other than public sector employees. An employee who completes at least seven years of continuous service with one employer is entitled to 6.0667 weeks of paid long service leave, and a further 1/5 of a month accrues for each later year. A pro rata payment can be due when employment ends after at least five years in some circumstances. The Act also deals with continuity of service, payment for leave and record keeping.

• Long Service Leave (Portable Schemes) Act 2009 (ACT) (ACT)

  Establishes the ACT's portable long service leave schemes, administered by ACT Leave, for four covered industries: building and construction, the community sector, security and the services industry. The services industry scheme replaced the contract cleaning scheme on 1 April 2025 and is due to expand to hairdressing and beauty, and accommodation and food services, from 1 January 2027. Service in a covered industry counts across employers rather than resetting when a worker changes jobs.

• Discrimination Act 1991 (ACT) (ACT)

  Makes discrimination, sexual harassment, unlawful vilification and victimisation unlawful in ACT workplaces on protected attributes including sex, gender identity, race, disability, age, pregnancy, relationship status, religious conviction, employment status, accommodation status and subjection to domestic or family violence. Since 11 April 2024 it also requires reasonable adjustments for a person's particular needs arising from a protected attribute. A positive duty to take reasonable and proportionate steps to eliminate discrimination, sexual harassment and vilification has applied to ACT Government directorates and territory authorities since 11 April 2025 and is due to apply to other organisations and businesses, and the people who manage them, from 11 April 2027. Complaints go to the ACT Human Rights Commission and can be referred to ACAT.

• Public Sector Management Act 1994 (ACT) (ACT)

  Governs employment in the ACT public service, including appointment and promotion, the public sector values, principles and conduct requirements, ending employment for misconduct, and the management standards made under the Act. Misconduct procedures themselves are set out in an industrial instrument, such as the relevant enterprise agreement, or in regulations. The Act sits alongside, rather than displacing, the Fair Work Act rights of ACT public servants.

• Human Rights Commission Act 2005 (ACT) (ACT)

  Sets out how the ACT Human Rights Commission handles complaints, including discrimination complaints under the Discrimination Act 1991 (ACT). The Commission may close a complaint if more than two years have passed since the events it is about. If a discrimination complaint is closed without being resolved, you have 60 days after the Commission gives you a referral statement to require it to refer the complaint to ACAT, and ACAT can accept a later application only in exceptional circumstances.

• Fair Work Act 2009 (Cth) (CTH)

  Covers every employee in the ACT. It contains the National Employment Standards, modern awards and enterprise agreements, unfair dismissal in Part 3-2, the general protections in Part 3-1, sexual harassment in Part 3-5A, stop bullying and stop sexual harassment orders, and the underpayment, penalty and small claims regime.

• Sex Discrimination Act 1984 (Cth) (CTH)

  The federal sexual harassment and sex discrimination law, providing an alternative to the ACT discrimination system through the Australian Human Rights Commission and the federal courts, and imposing a positive duty on employers.

• Disability Discrimination Act 1992 (Cth) (CTH)

  Prohibits disability discrimination in ACT workplaces and requires reasonable adjustments unless they would impose unjustifiable hardship.

• Public Interest Disclosure Act 2013 (Cth) (CTH)

  Protects Commonwealth public officials, a large group in the ACT, who disclose suspected wrongdoing from reprisal, including detriment in employment, and requires agencies to investigate disclosures.

• Fair Work Commission (Canberra office)

  Hears unfair dismissal, general protections, bullying and sexual harassment applications for all ACT employees, and deals with disputes under modern awards and enterprise agreements.

• Federal Circuit and Family Court of Australia (Fair Work Division)

  Hears general protections court applications and Fair Work underpayment claims for ACT workers, including the small claims procedure for amounts of $100,000 or less.

• ACT Human Rights Commission

  Receives and conciliates complaints of workplace discrimination, sexual harassment, vilification and victimisation under the Discrimination Act 1991 (ACT) at no cost to the complainant.

• ACT Civil and Administrative Tribunal (ACAT)

  Hears discrimination complaints referred by the ACT Human Rights Commission, and reviews certain ACT administrative decisions. There is no ACAT fee for the referral of a discrimination complaint, and each party generally bears its own costs.

• WorkSafe ACT

  The ACT work health and safety regulator, which also administers the Long Service Leave Act 1976 (ACT), publishes guidance on long service leave entitlements and has authorised officers who can inspect employer records and investigate complaints.

• ACT Leave

  Administers the ACT's portable long service leave schemes for the building and construction, community sector, security and services industries.

• Supreme Court of the Australian Capital Territory

  Hears restraint of trade injunctions, confidential information cases and larger employment contract disputes. Civil claims from $25,000 up to $250,000 generally go to the ACT Magistrates Court, and claims under $25,000 to ACAT.

1. 01Confirm the deadline

   Every ACT employee is in the national system, so the 21-day Fair Work Commission deadline applies to any dismissal claim. Count from the day after the dismissal takes effect. If the 21st day falls on a weekend or public holiday, you can lodge on the next business day.

   Typical timeframe: Immediately

2. 02Gather documents

   Collect your contract or letter of engagement, enterprise agreement, payslips, termination letter, warnings, code of conduct correspondence and relevant emails.

   Typical timeframe: 2-5 days

3. 03Get help

   Contact your union, Legal Aid ACT, the Women's Legal Centre ACT, the Working Women's Centre ACT or a lawyer. The Fair Work Commission can also arrange free help from a lawyer, if an appointment is available, for eligible people who are not union members and do not have a lawyer or paid agent, about dismissal, general protections, bullying or sexual harassment.

   Typical timeframe: First week

4. 04Lodge the application

   File the correct form with the Fair Work Commission and pay the application fee of $92.70 (from 1 July 2026), or ask for the fee to be waived if paying it would cause serious financial hardship. The employer is then asked to respond, usually within 7 days.

   Typical timeframe: Within 21 days of dismissal

5. 05Conciliation

   In an unfair dismissal case, the Commission offers a voluntary, confidential conciliation, usually as an online meeting led by a Commission staff member. The Commission reports that about 3 out of 4 unfair dismissal cases are resolved at conciliation, for example with a payment or an agreed statement of service. General protections cases go to a similar dispute resolution conference.

   Typical timeframe: Usually 2-5 weeks after lodgement

6. 06Determination or certificate

   An unfair dismissal matter that does not settle goes to a conference or hearing before a Commission Member, who decides it. A general protections matter that does not settle results in a certificate, after which you have 14 days to apply to the Federal Court or the Federal Circuit and Family Court, or all parties can jointly apply for arbitration by the Commission.

   Typical timeframe: Varies from case to case

7. 07Enforcement or appeal

   Orders can be enforced in court. You need the Commission's permission to appeal, and the notice of appeal must be lodged within 21 days after the decision.

   Typical timeframe: Variable

Because every ACT employee is in the national system, the costs picture is mostly the federal one. The Fair Work Commission application fee is $92.70 from 1 July 2026. It changes on 1 July each year, and it can be waived if paying it would cause serious financial hardship. Each party normally bears its own costs in the Commission. The Commission can order costs only in limited situations, such as an application or response made vexatiously or without reasonable cause or with no reasonable prospect of success, or, in unfair dismissal cases, an unreasonable act or omission that caused the other side costs. Fair Work Act court cases have a similar rule limiting costs orders, and the small claims procedure for underpayment claims of $100,000 or less is usually run without lawyers. Complaints to the ACT Human Rights Commission are free, and there is no ACAT fee when a discrimination complaint is referred. The real costs exposure is in ordinary court litigation: restraint of trade injunctions and contract claims in the ACT Supreme Court carry the risk of paying the other side's legal costs if you lose. It is worth asking lawyers about fixed fees or no-win-no-fee arrangements.