Dismissing an employee because of union membership, activity, or involvement is unlawful and one of the most strongly protected workplace rights under Australian law. This includes joining a union, participating in union activities, or acting as a union delegate.
Last verified: 21 May 2026Dismissing an employee because of union membership, activity, or involvement is unlawful and one of the most strongly protected workplace rights under Australian law. This includes joining a union, participating in union activities, or acting as a union delegate.
Dismissal connected to union activity is unfair and unlawful under multiple provisions of the Fair Work Act. This includes dismissal for being a union member, attending union meetings, raising issues through the union, taking protected industrial action, or acting as a workplace delegate.
Union activity is protected under Part 3-1 of the Fair Work Act (s346 — industrial activities, s347 — protected action). The employer bears the reverse onus of proof. Penalties for contravention include compensation to the employee plus civil penalties of up to $93,900 per contravention for a company.
Employers must not take any adverse action against an employee because of their union membership or activities. This includes dismissal, demotion, refusal to promote, or any other detrimental change to employment conditions.
In BHP Coal v CFMEU (2015), the Federal Court imposed significant penalties on an employer for dismissing union delegates. The Court found that even where other reasons were present, the union activity was a substantial and operative reason for the dismissal, making it unlawful.
21 days
From the date your dismissal takes effect. Strictly enforced.
26 weeks’ pay
For unfair dismissal. Consider a general protections claim (no cap) for stronger protection.
Union Activity is generally not a valid reason for dismissal. Termination for this reason may constitute unfair dismissal and may also breach general protections provisions under the Fair Work Act. The employer bears the reverse onus of proof to show this was not a reason for the dismissal.
Yes, provided you meet the eligibility requirements: you must have completed 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. You must lodge within 21 days.
Unfair dismissal focuses on whether the dismissal was harsh, unjust, or unreasonable (capped compensation at 26 weeks' pay). General protections claims apply when dismissal is for a prohibited reason such as discrimination, exercising a workplace right, or union activity. General protections have no compensation cap and the employer bears the reverse onus of proof.
You have 21 calendar days from the date your dismissal takes effect to lodge an application with the Fair Work Commission. This deadline is strictly enforced and extensions are only granted in exceptional circumstances.
The FWC can order reinstatement (getting your job back) or compensation of up to 26 weeks' pay. The amount depends on factors including how long you worked there, your remuneration, efforts to find new employment, and any misconduct that contributed to the dismissal.
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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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