Question 1

What protected attributes does s.351 of the Fair Work Act cover?

Accepted Answer

Section 351 prohibits an employer taking adverse action against an employee or prospective employee because of: race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction or social origin. State and territory anti-discrimination legislation cover additional attributes (e.g. gender identity, intersex status, parental status, lawful sexual activity in some jurisdictions).

Question 2

What's the time limit for an FWC general-protections application?

Accepted Answer

If the discrimination involves a dismissal, you have 21 days from the date of dismissal to lodge a general-protections application with the Fair Work Commission under s.365 (dismissal-involving) — that clock is unforgiving, and an internal complaint process does not pause it. If there is no dismissal, the time limit under s.372 is 6 years for non-dismissal general-protections applications. State anti-discrimination commissions have their own time limits, typically 12 months.

Question 3

Should I complain internally first, or go straight to the FWC / AHRC?

Accepted Answer

Most paths assume you've tried internal resolution first. The FWC and AHRC will both ask whether you raised the issue internally. A written internal complaint also creates a record that the employer was on notice — useful if a later adverse action lines up with the timing of your complaint. The exception is dismissal: if you've been dismissed, the 21-day FWC clock takes priority over internal process.

Question 4

Can my employer punish me for making a discrimination complaint?

Accepted Answer

No. Making a complaint about discrimination is the exercise of a workplace right under s.341 of the Fair Work Act 2009. Adverse action against you for raising the complaint (demotion, dismissal, reduced hours, sudden performance management) is itself a separate breach of Part 3-1 of the Act. If the timing of any adverse action lines up with your complaint, that timing is relevant.

Workplace Discrimination Complaint Letter (Australia)

Before you send a discrimination complaint

Your details

Who you're sending it to

Framing

Protected attribute(s)

Specific incidents / decisions

Adverse action + impact

What you're asking for

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