Unfair Dismissal in Construction
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: 1 July 2025Relevant Award
Building 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.
Common Unfair Dismissal Issues in Construction
- Dismissal for raising work health and safety (WHS) concerns on site
- Sham contracting — treated as an employee but engaged as an ABN subcontractor
- Dismissal for union activity or refusing to work in unsafe conditions
- End-of-project dismissals disguised as redundancy when work continues on other sites
- Failure to pay correct redundancy into an industry redundancy fund (e.g., Incolink, ACIRT)
Small Business Fair Dismissal Code
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.
Construction Termination Rules
Notice Period
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.
Redundancy Pay
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.
Unfair Dismissal Eligibility
You must complete the minimum employment period (6 months for large employers, 12 months for small business) and earn below the high-income threshold ($175,000) unless covered by an award or enterprise agreement.
How to Lodge an Unfair Dismissal Claim
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.
- Check eligibility — minimum employment period, income threshold, and 21-day deadline.
- Gather evidence — employment contract, payslips, warnings, correspondence, and termination letter.
- Lodge online — file Form F2 (unfair dismissal application) through the FWC website.
- Pay the filing fee — $83.30 (2025-26). Fee waivers are available for financial hardship.
- Attend conciliation — a FWC conciliator will try to help you reach a settlement with your employer.
- Hearing (if needed) — if conciliation fails, the matter proceeds to a formal hearing before a Commissioner.
Time Limit to Lodge
21 days
From the date your dismissal takes effect. Strictly enforced.
FWC Filing Fee
$83.30
2025-26 fee. Fee waivers available for financial hardship.
Calculate Your Entitlements
Frequently Asked Questions
What award covers construction workers in Australia?
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.
Can I claim unfair dismissal as a construction worker?
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 ($175,000) unless covered by an award or enterprise agreement. You must lodge within 21 days of dismissal.
What is the FWC filing fee for unfair 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.
Does the Small Business Fair Dismissal Code apply in construction?
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.
What compensation can construction workers get for unfair dismissal?
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.
Other Industries
General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.