Your unfair dismissal rights as a healthcare worker in Australia, including your award entitlements, common issues, and how to lodge a claim with the Fair Work Commission.
Last verified: 2 August 2026Health Professionals and Support Services Award 2020 / Nurses Award 2020 (MA000027 / MA000034)
Healthcare employees are covered by several awards depending on their role — the Health Professionals Award, Nurses Award, or Aged Care Award. These awards have specific provisions for shift work, on-call arrangements, and overtime. Registered health practitioners also have professional registration obligations that interact with employment.
Many medical practices, allied health clinics, and small aged care facilities have fewer than 15 employees. However, hospitals and large aged care providers are typically large employers where the 6-month minimum employment period applies.
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 healthcare 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 $92.70 (2026-27). Healthcare workers who raise patient safety concerns may also be protected under whistleblower legislation. Nursing and medical professional associations often provide employment law advice to members.
21 days
From the date your dismissal takes effect. Strictly enforced.
$92.70
2026-27 fee. Fee waivers available for financial hardship.
Most healthcare workers are covered by the Health Professionals and Support Services Award 2020 / Nurses Award 2020 (MA000027 / MA000034). 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 $92.70 (2026-27). Healthcare workers who raise patient safety concerns may also be protected under whistleblower legislation. Nursing and medical professional associations often provide employment law advice to members.
Many medical practices, allied health clinics, and small aged care facilities have fewer than 15 employees. However, hospitals and large aged care providers are typically large employers where the 6-month minimum employment period applies.
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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