Unfair Dismissal in Mining
Your unfair dismissal rights as a mining 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
Mining Industry Award 2020 (MA000011)
The Mining Industry Award covers employees in mining operations including extraction, processing, and associated activities. It has specific provisions for fly-in-fly-out (FIFO) arrangements, shift rosters, and remote area allowances. Many mining employees are covered by enterprise agreements rather than the award.
Common Unfair Dismissal Issues in Mining
- Dismissal for failing drug and alcohol testing — procedural fairness in testing processes
- FIFO workers dismissed for fitness-for-duty medical issues
- Dismissal for raising safety concerns in underground or remote operations
- Redundancy during commodity price downturns — genuine vs strategic redundancy
- Dismissal of labour hire workers compared to direct employees
Small Business Fair Dismissal Code
Most mining companies are large employers. However, some contractors and service providers on mine sites may be small businesses. The key question is who the actual employer is — the mining company or the labour hire/contracting company.
Mining 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 mining 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). Mining workers often have enterprise agreements that provide additional protections beyond the NES. Mining unions (CFMEU Mining division, AWU) typically assist members with unfair dismissal 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 mining workers in Australia?
Most mining workers are covered by the Mining Industry Award 2020 (MA000011). 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 mining 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). Mining workers often have enterprise agreements that provide additional protections beyond the NES. Mining unions (CFMEU Mining division, AWU) typically assist members with unfair dismissal claims.
Does the Small Business Fair Dismissal Code apply in mining?
Most mining companies are large employers. However, some contractors and service providers on mine sites may be small businesses. The key question is who the actual employer is — the mining company or the labour hire/contracting company.
What compensation can mining 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.