Fired for Union Activity? — Your Rights
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: 1 July 2025Union Activity Is Generally Not a Valid Reason for Dismissal
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.
When Is Dismissal for Union Activity Unfair?
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.
General Protections
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.
Process Your Employer Must Follow
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.
FWC Case Examples
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.
Steps to Take If Dismissed for Union Activity
- Contact your union immediately — they have significant resources for these cases
- Document all evidence of your union involvement and any adverse treatment that followed
- Lodge a general protections claim (no compensation cap) within 21 days
- Your union may lodge the claim on your behalf and fund legal representation
- Report the conduct to the Fair Work Ombudsman for potential civil penalties against the employer
Time Limit to Lodge
21 days
From the date your dismissal takes effect. Strictly enforced.
Maximum Compensation
26 weeks’ pay
For unfair dismissal. Consider a general protections claim (no cap) for stronger protection.
Calculate Your Entitlements
Frequently Asked Questions
Is union activity a valid reason for dismissal in Australia?
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.
Can I claim unfair dismissal if fired for union activity?
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 ($175,000) unless covered by an award or enterprise agreement. You must lodge within 21 days.
What is the difference between unfair dismissal and general protections?
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.
How long do I have to make an unfair dismissal claim?
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.
What compensation can I get for unfair dismissal?
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.
Other Dismissal Reasons
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.