Your unfair dismissal rights as a construction worker in Australia, including your award entitlements, common issues, and how to lodge a claim with the Fair Work Commission.
Last verified: 21 May 2026Building and Construction General On-site Award 2020 (MA000020)
The Building and Construction Award covers on-site construction workers including labourers, tradespeople, and supervisors. It has specific provisions for inclement weather, travel allowances, and site-specific conditions. Redundancy provisions may be modified by an industry-specific redundancy scheme.
While head contractors may be large businesses, many subcontractors are small businesses with fewer than 15 employees. Determining the actual employer (and whether they are a small business) can be complex in construction due to subcontracting chains.
Under the NES, notice depends on length of service: 1 week (up to 1 year), 2 weeks (1-3 years), 3 weeks (3-5 years), or 4 weeks (5+ years). Employees aged 45+ with 2+ years of service get an extra week. Your award or enterprise agreement may provide longer notice.
NES redundancy pay ranges from 4 weeks (1-2 years) up to 16 weeks (9-10 years). Small businesses (fewer than 15 employees) are exempt. Some construction enterprise agreements provide more generous redundancy than the NES minimum.
You must complete the minimum employment period (6 months for large employers, 12 months for small business) and earn below the high-income threshold ($190,100) unless covered by an award or enterprise agreement.
The FWC filing fee is $83.30 (2025-26). Construction industry workers have strong union representation (CFMEU) which can assist with unfair dismissal claims. The industry has specific redundancy funds that may affect entitlements.
21 days
From the date your dismissal takes effect. Strictly enforced.
$83.30
2025-26 fee. Fee waivers available for financial hardship.
Most construction workers are covered by the Building and Construction General On-site Award 2020 (MA000020). However, some employees may be covered by an enterprise agreement or may be award-free. Check your employment contract or payslip for your applicable award.
Yes, provided you meet the eligibility requirements: you must have completed the minimum employment period (6 months for employers with 15+ employees, 12 months for small businesses), and earn below the high-income threshold ($190,100) unless covered by an award or enterprise agreement. You must lodge within 21 days of dismissal.
The FWC filing fee is $83.30 (2025-26). Construction industry workers have strong union representation (CFMEU) which can assist with unfair dismissal claims. The industry has specific redundancy funds that may affect entitlements.
While head contractors may be large businesses, many subcontractors are small businesses with fewer than 15 employees. Determining the actual employer (and whether they are a small business) can be complex in construction due to subcontracting chains.
The Fair Work Commission can order reinstatement to your former position or compensation of up to 26 weeks' pay (based on your base rate of pay). The amount depends on factors including length of service, efforts to find new employment, and any misconduct. General protections claims have no compensation cap.
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General information and estimates only — not legal, financial or tax advice. Always check your specific award, agreement or contract, or a qualified professional, before you rely on the result.
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