Unfair Dismissal in Transport & Logistics
Your unfair dismissal rights as a transport & logistics 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
Road Transport and Distribution Award 2020 (MA000038)
The Road Transport Award covers truck drivers, delivery drivers, warehouse workers, and logistics employees. It has specific provisions for driving hours, fatigue management, and loading/unloading. Chain of responsibility laws also affect termination — a driver cannot be dismissed for refusing to drive fatigued or with an overloaded vehicle.
Common Unfair Dismissal Issues in Transport & Logistics
- Dismissal for refusing to drive while fatigued or in breach of heavy vehicle regulations
- Dismissal after a traffic accident — even where the driver was not at fault
- Sham contracting of delivery drivers as independent contractors
- Dismissal for refusing to drive an unroadworthy or overloaded vehicle
- Gig economy delivery drivers seeking employment status recognition
Small Business Fair Dismissal Code
The transport industry includes many owner-operators and small freight companies with fewer than 15 employees. The Small Business Fair Dismissal Code is frequently relevant. Determining whether a driver is an employee or genuine contractor is a common threshold issue.
Transport & Logistics 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 transport & logistics 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). Transport workers have specific protections under chain of responsibility laws — dismissal for complying with safety obligations is unlawful. The Transport Workers' Union (TWU) assists 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 transport & logistics workers in Australia?
Most transport & logistics workers are covered by the Road Transport and Distribution Award 2020 (MA000038). 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 transport & logistics 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). Transport workers have specific protections under chain of responsibility laws — dismissal for complying with safety obligations is unlawful. The Transport Workers' Union (TWU) assists members with unfair dismissal claims.
Does the Small Business Fair Dismissal Code apply in transport & logistics?
The transport industry includes many owner-operators and small freight companies with fewer than 15 employees. The Small Business Fair Dismissal Code is frequently relevant. Determining whether a driver is an employee or genuine contractor is a common threshold issue.
What compensation can transport & logistics 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.