The Fair Work Act in 2013

Posted on 11 February 2013

On 28 November 2012, the Fair Work Amendment Act 2012 (the Act) was enacted in upper house of Federal Parliament. The Act received royal assent on 4 December 2012 and provides for significant changes to workplace law. The most immediate changes relate to the timeframes in which you can make an application for an Unfair Dismissal or General Protection (Adverse Action) claim.

The new timeframes for making applications to Fair Work Commission (formerly Fair Work Australia) are set out below:

  • Unfair Dismissal - Previously, you had 14 days from the time of termination of employment to lodge an Unfair Dismissal application to Fair Work Commission. Since 1 January 2013 the period to lodge an Unfair Dismissal claim has been extended to 21 days. If you were terminated before 1 January 2013 you will still be required to lodge your application for Unfair Dismissal within the old 14 day limit.
  • General Protection (Adverse Action) – Prior to 1 January 2013 you had 60 days to lodge an application to the Fair Work Commission for a General Protection claim. However, the period to lodge a General Protection application has now been reduced to 21 days. The 60 day application period still applies in circumstances where the adverse action occurred prior to 1 January 2013.

There are several other significant amendments to the Fair Work Act that will come into affect over the next 12 months. Please keep an eye on our blogs for regular updates throughout the year on workplace and employment law reforms. Should you need any further advice on an Unfair Dismissal or a General Protection (Adverse Action) application please do not hesitate to contact us.