Your unfair dismissal rights as a technology worker in Australia, including your award entitlements, common issues, and how to lodge a claim with the Fair Work Commission.
Last verified: 21 May 2026Professional Employees Award 2020 (or Award-Free) (MA000065 (if applicable))
Many technology employees are award-free, meaning they rely on their employment contract and the NES for minimum entitlements. The high-income threshold ($183,100 for 2025-26) is particularly relevant as many tech employees earn above it. Those earning above the threshold cannot claim unfair dismissal unless covered by an award or enterprise agreement.
Startups and small tech companies frequently have fewer than 15 employees. The 12-month minimum employment period under the Small Business Fair Dismissal Code is significant in an industry with high turnover.
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 technology 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 ($183,100) unless covered by an award or enterprise agreement.
The FWC filing fee is $83.30 (2025-26). Tech workers earning above $183,100 should check whether they are covered by an award — if not, unfair dismissal is unavailable but general protections claims (no income cap) remain an option. Professionals Australia union covers some tech workers.
21 days
From the date your dismissal takes effect. Strictly enforced.
$83.30
2025-26 fee. Fee waivers available for financial hardship.
Most technology workers are covered by the Professional Employees Award 2020 (or Award-Free) (MA000065 (if applicable)). 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 ($183,100) 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). Tech workers earning above $183,100 should check whether they are covered by an award — if not, unfair dismissal is unavailable but general protections claims (no income cap) remain an option. Professionals Australia union covers some tech workers.
Startups and small tech companies frequently have fewer than 15 employees. The 12-month minimum employment period under the Small Business Fair Dismissal Code is significant in an industry with high turnover.
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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FairWork Mate is an independent commercial service. We are not affiliated with, endorsed by, or associated with the Fair Work Ombudsman, the Fair Work Commission, or any Australian Government agency. Content is 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.
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