Unfair Dismissal in Manufacturing
Your unfair dismissal rights as a manufacturing 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
Manufacturing and Associated Industries and Occupations Award 2020 (MA000010)
The Manufacturing Award covers a broad range of manufacturing, engineering, and associated industries. It includes specific classifications for different skill levels and trades. Redundancy provisions are significant in manufacturing due to industry restructuring, automation, and offshoring.
Common Unfair Dismissal Issues in Manufacturing
- Mass redundancies during factory closures or automation — consultation obligations
- Dismissal for work health and safety complaints in factory environments
- Dismissal following workplace injuries, particularly repetitive strain injuries
- Seniority-based selection for redundancy and whether it was applied fairly
- Dismissal of apprentices and trainees — specific protections apply
Small Business Fair Dismissal Code
Manufacturing includes both large factories and small workshops. Many engineering workshops, food manufacturers, and component makers have fewer than 15 employees. Enterprise agreements are common in larger manufacturing businesses.
Manufacturing 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 manufacturing 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). Manufacturing workers facing mass redundancy should check whether the employer has complied with the requirement to notify Services Australia at least 4 weeks before 15+ employees are dismissed. The AMWU and other manufacturing unions assist with claims.
- 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 manufacturing workers in Australia?
Most manufacturing workers are covered by the Manufacturing and Associated Industries and Occupations Award 2020 (MA000010). 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 manufacturing 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). Manufacturing workers facing mass redundancy should check whether the employer has complied with the requirement to notify Services Australia at least 4 weeks before 15+ employees are dismissed. The AMWU and other manufacturing unions assist with claims.
Does the Small Business Fair Dismissal Code apply in manufacturing?
Manufacturing includes both large factories and small workshops. Many engineering workshops, food manufacturers, and component makers have fewer than 15 employees. Enterprise agreements are common in larger manufacturing businesses.
What compensation can manufacturing 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.