Employment law in the Northern Territory

• Long Service Leave Act 1981 (NT) (NT)

  Provides long service leave for most Northern Territory employees, but not Northern Territory Government or Australian Government employees or construction workers in the NT Build scheme. After 10 years of continuous service with the same employer an employee is entitled to 13 weeks of paid long service leave (1.3 weeks for each completed year), with more after each further 5 years. If employment ends after at least 7 but fewer than 10 years, a pro rata payment is only owed in the circumstances set out in section 10, such as dismissal for a reason other than serious misconduct.

• Anti-Discrimination Act 1992 (NT) (NT)

  Makes discrimination, sexual harassment and victimisation unlawful in Northern Territory workplaces on attributes including race, sex, gender identity, sexual orientation, age, relationship status, pregnancy, carer responsibilities, breastfeeding, disability, religious belief or activity, political opinion, trade union or employer association activity and irrelevant medical or criminal record. It also requires employers and others covered by the Act to take reasonable and proportionate steps to eliminate that conduct. Complaints are made to the NT Anti-Discrimination Commission, generally within 12 months.

• Public Sector Employment and Management Act 1993 (NT) (NT)

  Governs employment in the Northern Territory Public Sector, including merit selection, employment instructions issued by the Commissioner for Public Employment, discipline and inability processes, promotion and grievance review.

• Fair Work Act 2009 (Cth) (CTH)

  Covers every Northern Territory employee except members of the NT Police Force. 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, the underpayment, penalty and small claims regime, and, since 1 January 2025, a criminal offence for intentional underpayment.

• Sex Discrimination Act 1984 (Cth) (CTH)

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

• Racial Discrimination Act 1975 (Cth) (CTH)

  Prohibits discrimination on the ground of race, colour, descent or national or ethnic origin, including in employment, which is significant in a Territory with a large Aboriginal workforce.

• Disability Discrimination Act 1992 (Cth) (CTH)

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

• Fair Work Commission

  Hears unfair dismissal, general protections, bullying and sexual harassment applications for Northern Territory employees, and deals with award and enterprise agreement disputes. Dismissal applications must be received within 21 days. Its Darwin office is used for hearings and conferences only and does not accept forms, so lodge online.

• Northern Territory Anti-Discrimination Commission

  Receives and assesses complaints of discrimination, sexual harassment and victimisation in Territory workplaces, and tries to resolve them through conciliation. Complaints can be lodged online or on a form. Phone 1800 813 846 (freecall) or (08) 8999 1444.

• Northern Territory Civil and Administrative Tribunal (NTCAT)

  Hears anti-discrimination complaints that were not resolved at conciliation, where the complainant asks the Anti-Discrimination Commissioner to refer the complaint within 21 days of being told conciliation has ended, or within any longer time the Commissioner allows. It also hears other matters under Territory legislation.

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

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

• NT WorkSafe

  The Northern Territory work health and safety regulator. For psychosocial hazards such as workplace bullying and harassment, it checks whether a business has systems to manage the risk, and it responds to bullying and harassment complaints in certain situations. Phone 1800 019 115.

• NT Build

  Manages the Northern Territory's portable long service leave scheme for construction workers, funded by a levy on construction work.

• Supreme Court of the Northern Territory

  Hears restraint of trade injunctions, confidential information cases and larger employment contract disputes. Civil claims of $250,000 or less are usually dealt with in the Local Court of the Northern Territory.

1. 01Confirm the deadline

   Almost every Territory employee is in the national system, so a dismissal claim goes to the Fair Work Commission within 21 days after the dismissal takes effect. Day one is the day after the dismissal takes effect, which is usually the last day of your employment contract and may be later than your last day at work.

   Typical timeframe: Immediately

2. 02Gather documents

   Collect your contract, enterprise agreement, payslips, termination letter, warnings, roster records and relevant emails or messages before your work access is removed.

   Typical timeframe: 2-5 days

3. 03Get help

   Contact your union, the Northern Territory Legal Aid Commission, the NT Working Women's Centre or a lawyer. The Fair Work Commission also runs a free service through which eligible people can speak with a lawyer about a dismissal.

   Typical timeframe: First week

4. 04Lodge online

   File the correct form with the Fair Work Commission online and pay the application fee, which is $92.70 for 2026-27 (from 1 July 2026), or ask for the fee to be waived if paying it would cause you serious financial hardship. The Commission must receive the application by 11.59 pm on the last day, and postal delays are not accepted as a reason for lateness.

   Typical timeframe: Within 21 days of dismissal

5. 05Conciliation

   An optional, confidential conciliation meeting with a Commission conciliator, usually held online, which avoids travel across Territory distances. The Commission reports that 3 out of 4 unfair dismissal cases are resolved at conciliation.

   Typical timeframe: Usually about 5 weeks after the application is received

6. 06Determination or certificate

   An unfair dismissal matter that does not settle goes to a Commission Member, who holds a conference or hearing and decides it. A general protections matter that does not settle results in a certificate, after which you have 14 days to start court proceedings or agree to consent arbitration.

   Typical timeframe: Decisions are usually issued within 12 weeks after the hearing

7. 07Enforcement or appeal

   Orders can be enforced in court. Permission to appeal to a Full Bench must be sought within 21 days of the decision.

   Typical timeframe: Variable

Because Territory workers are in the national system, the costs picture is the federal one. The Fair Work Commission application fee is $92.70 for 2026-27 (from 1 July 2026) and can be waived if paying it would cause serious financial hardship. Each party normally pays its own costs in the Commission. A costs order is only possible in limited cases, such as an application made vexatiously or without reasonable cause, or one that clearly had no reasonable prospect of success. The Fair Work Ombudsman's information and tools are free. In Fair Work Act court proceedings, including underpayment claims, a party can only be ordered to pay costs in limited situations, such as bringing a case vexatiously or without reasonable cause, or acting unreasonably. The small claims procedure for amounts of $100,000 or less is informal and usually runs without lawyers. The costs risk sits in ordinary civil litigation, where a restraint of trade injunction or contract claim in the Supreme Court of the Northern Territory carries the usual rule that the losing party pays a share of the winner's costs. Ask any lawyer about fixed fees and whether a matter can be run largely by phone and video to avoid travel costs.