Employment law in New South Wales

• Industrial Relations Act 1996 (NSW) (NSW)

  The NSW industrial relations statute. It establishes the Industrial Relations Commission of New South Wales, provides for state awards and enterprise agreements, and contains the unfair dismissal jurisdiction in Part 6 of Chapter 2 for NSW public sector and local government employees, with the right to apply in section 84 and the 21-day filing rule and late-application provisions in section 85.

• Long Service Leave Act 1955 (NSW) (NSW)

  Sets the long service leave entitlement for most NSW workers: two months (8.67 weeks) of paid leave after 10 years of continuous service with the same employer, and a further month for each additional five years. Pro rata payment is available after five years in defined circumstances such as illness, incapacity or domestic or other pressing necessity.

• Anti-Discrimination Act 1977 (NSW) (NSW)

  Makes discrimination, harassment and victimisation unlawful in employment on grounds including sex, race, disability, age, carer's responsibilities, homosexuality, transgender status and marital or domestic status. Complaints are made to Anti-Discrimination NSW and may be referred to the NSW Civil and Administrative Tribunal.

• Workplace Surveillance Act 2005 (NSW) (NSW)

  Regulates camera, computer and tracking surveillance of employees at work in New South Wales. It generally requires prior written notice of surveillance and imposes additional requirements for computer surveillance and tracking, and restricts covert surveillance without an authority from a Local Court Judge, subject to statutory exceptions.

• Government Sector Employment Act 2013 (NSW) (NSW)

  Governs employment in the NSW government sector, including recruitment and merit selection, employment categories, conduct and performance management, and the role of the Public Service Commissioner.

• Public Interest Disclosures Act 2022 (NSW) (NSW)

  Protects NSW public officials who report serious wrongdoing from detrimental action, including dismissal or disadvantage in employment, and sets out how agencies must handle public interest disclosures.

• Restraints of Trade Act 1976 (NSW) (NSW)

  Allows a NSW court to read down a post-employment restraint that would otherwise be void for being too wide, so that it is enforceable only to the extent reasonable. This makes NSW restraints more likely to be partially enforced than in other states.

• Fair Work Act 2009 (Cth) (CTH)

  Applies to private enterprise employees in New South Wales. It contains the National Employment Standards, modern awards, unfair dismissal in Part 3-2, the general protections in Part 3-1, stop bullying and stop sexual harassment orders, and the underpayment and civil penalty regime.

• Sex Discrimination Act 1984 (Cth) (CTH)

  The federal alternative to the NSW anti-discrimination regime for sex discrimination and sexual harassment complaints, administered by the Australian Human Rights Commission and enforceable in the federal courts.

• Fair Work Commission (Sydney registry)

  Hears unfair dismissal, general protections, bullying and sexual harassment applications for national system employees working in NSW, and deals with award and enterprise agreement disputes.

• Industrial Relations Commission of New South Wales

  Hears unfair dismissal claims by NSW public sector and local government employees, makes and varies state awards, and resolves industrial disputes in the NSW state system.

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

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

• NSW Civil and Administrative Tribunal (NCAT)

  Hears discrimination and harassment complaints referred from Anti-Discrimination NSW under the Anti-Discrimination Act 1977 (NSW).

• Anti-Discrimination NSW

  Receives, investigates and conciliates complaints of discrimination, harassment and victimisation in NSW workplaces at no cost to the complainant.

• Supreme Court of New South Wales

  Hears restraint of trade injunctions, confidential information claims and larger employment contract disputes; smaller contract claims go to the Local Court or District Court.

• NSW Industrial Relations

  The NSW Government agency that provides information and compliance services on long service leave and NSW state employment entitlements. Phone 131 628.

1. 01Dismissal claims: work out which system covers you

   Check whether your employer is a constitutional corporation or private enterprise (national system) or a NSW government agency, public authority or council (NSW state system). This determines whether you file with the Fair Work Commission or the Industrial Relations Commission of New South Wales.

   Typical timeframe: 1-2 days

2. 02Gather your documents and diarise the deadline

   Collect your contract, payslips, termination letter, warnings and relevant emails. For a national-system dismissal claim, lodge within 21 days after dismissal took effect; the next day is day one, not the starting point for adding another 21 days. NSW section 85 requires filing not later than 21 days after dismissal. Check the relevant registry rules and lodge early. Different late-application provisions apply in each system.

   Typical timeframe: 2-5 days

3. 03Get legal help

   Contact LawAccess NSW, your union, the Employment Rights Legal Service or a lawyer. The Fair Work Commission also runs a free service through which eligible people can speak with a lawyer about dismissal and general protections.

   Typical timeframe: Within the first week

4. 04Lodge the application

   File the correct form with the relevant Commission and pay the application fee, or apply for a waiver if paying it would cause serious hardship. The employer is then served and files a response.

   Typical timeframe: Within 21 days of dismissal

5. 05Conciliation or conference

   A confidential conciliation, usually by telephone, in which a conciliator helps the parties explore settlement. Most NSW dismissal matters resolve here, commonly for a payment and a statement of service.

   Typical timeframe: 3-8 weeks after lodgement

6. 06Directions and evidence

   If the matter does not settle, directions are issued for witness statements, documents and submissions, and any jurisdictional objection such as genuine redundancy is prepared for determination.

   Typical timeframe: 4-12 weeks

7. 07Hearing and decision

   A Member hears the evidence and decides whether the dismissal was unfair and what remedy is appropriate. FWC appeals require permission and normally must be lodged within 21 days after the decision or order, subject to an extension. For an NSW IRC single-member decision, a Full Bench appeal ordinarily requires leave under section 188 and must be made within 21 days after the decision under section 189, unless further time is allowed. Check the appeal route immediately.

   Typical timeframe: 3-9 months from lodgement

For 2026-27, a Fair Work Commission unfair dismissal application costs $92.70; a waiver is available for serious hardship. The NSW IRC fees table accessed on 6 September 2026 lists $101 for a section 84 unfair dismissal application. The Industrial Registrar may postpone, waive or remit all or part of an IRC fee for financial hardship on a written application with supporting documents. Each party generally pays its own representation costs, but costs orders remain possible. FWC sections 611 and 400A provide exceptions. NSW section 181 permits costs in specified cases, including frivolous or vexatious applications, proceedings without reasonable cause and unreasonable failure to agree to settlement of an unfair dismissal claim. Obtain legal help when assessing costs or settlement offers. Private representation fees depend on the arrangement. Ordinary contract and restraint litigation has different costs rules. Fair Work Act court proceedings, including small claims for $100,000 or less, have restricted costs orders under section 570, not absolute immunity from costs.