CDD regulados: Si

Remarks

▷ Under Division 5 of Part 2-9 of the Fair Work Act 2009 (§§ 333E–333L, inserted by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 and effective from 6 December 2023), fixed-term contracts are now regulated with strict limits on duration and renewals for most national system employees (excluding casual employees defined by shift-based work).
▷ A contract must not include a term that provides for termination at the end of an identifiable period (time, task or season) if:
‣ the period is greater than 2 years; or
‣ the contract (including extensions/renewals) would result in employment for more than 2 years in total; or
‣ the contract allows renewal or extension more than once; or
‣ it is a consecutive contract for the same or substantially similar work with substantial continuity of the employment relationship, where the combined duration exceeds 2 years or involves more than one renewal (§§ 333E(4)–(5)).
▷ In addition, employers must provide the Fixed Term Contract Information Statement (prepared by the Fair Work Ombudsman) to the employee before or as soon as practicable after the contract is entered into (§ 333K).

Razones de utilización legítima de CDD: sin restricción

Remarks

→ Under "Division 5", section 333E FWA provides for limitations on fixed-term contracts, indicating that: (1) A person contravenes this subsection if:
(a) the person enters into a contract of employment with an employee; and
(b) the contract includes a term that provides the contract will terminate at the end of an identifiable period (whether or not the contract also includes other terms that provide for circumstances in which it may be terminated before the end of that period); and
(c) the employee is not a casual employee of the employer for whom the period referred to in paragraph (b) is identified by reference to the completion of the shift of work to which the contract relates; and
(d) subsection (2), (3) or (4) applies.
Note 1: This subsection is a civil remedy provision (see Part 4‑1).
Note 2: A contract referred to in this subsection includes (and is not limited to) a contract of employment for a specified period of time, for a specified task or for the duration of a specified season.
Employment for more than 2 years
(2) This subsection applies if the identifiable period is greater than 2 years.
Renewable contracts
(3) This subsection applies if:
(a) The sum of the identifiable period and any other period for which the contract may be extended or renewed is greater than 2 years; or
(b) The contract provides for an option or right to extend or renew the contract more than once.
▶ Under "Division 5" of the FWA, section 333F provides for Exceptions to limitations on fixed-term contracts, indicating that:
‣ (1) Subsection 333E(1) does not apply in relation to a contract of employment entered into by a person and an employee if:
(a) The employee is engaged under the contract to perform only a distinct and identifiable task involving specialised skills; or
(b) The employee is engaged under the contract in relation to a training arrangement; or
(c) The employee is engaged under the contract to undertake essential work during a peak demand period; or
(d) The employee is engaged under the contract to undertake work during emergency circumstances or during a temporary absence of another employee; or
(e) In the year the contract is entered into, the amount of the employee’s earnings under the contract is above the high income threshold for that year; or
(f) The contract relates to a position for the performance of work that:
(i) Is funded in whole or in part by government funding or funding of a kind prescribed by the regulations for the purposes of this subparagraph; and
(ii) the funding is payable for a period of more than 2 years; and
(iii) there are no reasonable prospects that the funding will be renewed after the end of that period; or
(g) The contract relates to a governance position that has a time limit under the governing rules of a corporation or association of persons; or
(h) A modern award that covers the employee includes terms that permit any of the circumstances mentioned in subsections 333E(2) to (4) to occur; or
(i) the contract is of a kind prescribed by the regulations for the purposes of this paragraph.
‣ (2) For the purposes of paragraph (1)(e), if under the terms of the contract either of the following apply:
(a) The employee is required to work fewer hours than a full‑time employee for a year;
(b) The employee is required to work for only part of a year; the high income threshold for that year is taken, for the purposes of that paragraph, to be the amount, or the amount worked out using a method, prescribed by the regulations for the purposes of this subsection.
‣ (3) For the purposes of subsection (2), in determining whether an award/agreement free employee has worked fewer hours than a full‑time employee, regard may be had to the following:
(a) The hours of work of any other full‑time employees or part‑time employees of the employer employed in the same position as (or in a position that is comparable to) the position of the employee;
(b) The definition of ordinary hours of work in subsection 20(2).
▷Consequences of breach
→ Section 333G(1) on the "Effect of entering prohibited fixed term contract" indicates that:
(1) If a person enters into a contract of employment with an employee in contravention of subsection 333E(1):
(a) The term of the contract that provides that the contract will terminate at the end of an identifiable period is taken to have no effect; and
(b) The contravention is taken not to affect the validity of any other term of the contract.

: 2

Remarks

▷ One renewal/extension permitted (maximum of two contracts total for the same or substantially similar work).
‣ A 2-year limit applies to cumulative duration, including renewals and consecutive contracts for similar work.
→ Under section 333E(3)(b), one renewal/extension is allowed (cannot renew more than once).
→ "Division 5", section 333E (3) FWA provides for the maximum number of fixed-term contracts, indicating that: This subsection applies if:
(a) The sum of the identifiable period and any other period for which the contract may be extended or renewed is greater than 2 years; or
(b) The contract provides for an option or right to extend or renew the contract more than once.
→ Section 333E (4 & 5) FWA on Consecutive contracts indicates that:
(4) This subsection applies if the contract comes into effect after another contract (the previous contract) of employment between the person and the employee in circumstances referred to in subsection (5).
(5) The circumstances for the purposes of subsection (4) are:
(a) The previous contract included a term that provided that the contract would terminate at the end of an identifiable period (whether or not the contract also includes other terms that provide for circumstances in which it may be terminated before the end of that period); and
(b) The previous contract was for the employee to perform the same, or substantially similar, work for the person as the employee is required to perform under the contract referred to in paragraph (1)(a) (the current contract); and
(c) There is substantial continuity of the employment relationship between the person and employee during the period between the previous contract terminating and the current contract coming into effect; and
(d) Any of the following apply:
(i) The sum of the period for which the previous contract was in effect and the identifiable period referred to in paragraph (1)(b) for the current contract is greater than 2 years;
(ii) The current contract contains an option for renewal or extension;
(iia) The previous contract contained an option for extension that has been exercised;
(iii) the previous contract came into effect after another contract (the initial contract) that satisfies the requirements of paragraphs (a) and (b) of this subsection and there was substantial continuity of the employment relationship between the person and the employee during the period between the initial contract terminating and the previous contract coming into effect.

Duración máxima acumulativa de CDD consecutivos: 2año(s)

Remarks

▷The total duration across the original contract, any extension/renewal, and qualifying consecutive contracts must not exceed 2 years (§ 333E(2)–(3)).
Employment for more than 2 years
→ Section 333E(2) indicates that: This subsection applies if the identifiable period is greater than 2 years.
→Under section 333E(3)(b), one renewal/extension is allowed (cannot renew more than once).
→ Section 333E (3) FWA provides for the maximum number of fixed-term contracts, indicating that: This subsection applies if:
(a) The sum of the identifiable period and any other period for which the contract may be extended or renewed is greater than 2 years; or
(b) The contract provides for an option or right to extend or renew the contract more than once.
▷ Exceptions
The limitations do not apply in the following cases (among others):
‣ distinct and identifiable task involving specialised skills;
training arrangements;
‣ peak demand periods or emergency/temporary absence cover;
‣ earnings above the high income threshold;
‣ certain government-funded positions (with no reasonable prospect of renewal);
‣ governance positions with a time limit under organisational rules;
‣ where a modern award covering the employee expressly permits longer or additional renewals; or
‣ other cases prescribed by regulations (§ 333F).

% de trabajadores bajo CDD: 3.7

Remarks

▷ Since 2020, the Australian Bureau of Statistics (abs.gov.au) has published statistics on working arrangements and forms of employment, such as casual work, fixed-term employment, independent contractors, shift work, job flexibility, and job security.
▷ Key statistics 2025
‣ There were 2.4 million casual employees (19% of all employees, and 17% of all employed people).
‣ 17% of employees didn't have minimum guaranteed hours, down from 18% in August 2024.
‣ There were 1.1 million independent contractors (7.6% of all employed).
‣ 36% of employed people usually work from home.
‣ 3.7% of employees were employed on a fixed-term contract.
‣ 78% of employees were entitled to employer-provided paid parental leave.

Duración maxima del periodo de prueba (en meses): 1 año(s)

Remarks

There is no statutory probationary period in the FWA.
However, according to section 382, a national system employee is protected from unfair dismissal and is therefore eligible to make an application for unfair dismissal if he or she has completed "the minimum employment period"..
The minimum employment period is defined in section 383 FWA as follows:
- 6 months if the employer is not a small business employer (15 or more employees) or,
- 1 year if the employer is a small business employer (less than 15 employees).

Obligación de motivar el despido: Si

Motivos autorizados (despido justificado):

Remarks

Motivos prohibidos: estado civil, embarazo, licencia de maternidad, responsabilidades familiares, presentación de una queja contra el empleador, enfermedad o accidente profesional temporal, raza, color, sexo, orientación sexual, religión, opinion política, origen social, edad, afiliación sindical y actividades sindicales, discapacidad, licencia paternal, licencia de adopción

Remarks

▷ Regarding the above list of prohibited grounds:
- "Family responsibilities" should be understood as covering "Family or carer's responsibilities";
- "Temporary work injury or illness" should be understood as covering "Temporary absence from work due to work injury or illness";
- "Social origin" should be understood as covering "National extraction or social origin"; and
- "Disabilities" should be understood as covering "Physical or mental disabilities".
▷ Part 3-1 of the FWA contains a set of general protections against discriminatory or wrongful treatment, which includes but is not limited to protection against dismissal on certain grounds. See in particular:
→ Section 340 FWA that prohibits adverse action (which includes dismissal) against another person in relation to the exercise of workplace rights (as defined in § 341 FWA);
→ Section 346 FWA that prohibits adverse action (which includes dismissal) against another person in relation to industrial activities;
→ Section 351 FWA on discrimination;
→ Section 352 FWA on the prohibition of dismissal on the grounds of temporary absence from work because of illness or injury.
Employees who believe they have been dismissed in contravention of the "general protections provisions" of the Act can apply to the Fair Work Commission to deal with the dismissal.
▷ The Act also contains a special provision on unlawful termination:
→ Section 772 FWA makes it unlawful for an employer to terminate an employee's employment for certain reasons:
(1) An employer must not terminate an employee’s employment for one or more of the following reasons, or for reasons including one or more of the following reasons:
(a) temporary absence from work because of illness or injury of a kind prescribed by the regulations;
(b) trade union membership or participation in trade union activities outside working hours or, with the employer’s consent, during working hours;
(c) non‑membership of a trade union;
(d) seeking office as, or acting or having acted in the capacity of, a representative of employees;
(e) the filing of a complaint, or the participation in proceedings, against an employer involving alleged violation of laws or regulations or recourse to competent administrative authorities;
(f) race, colour, sex, sexual orientation, breastfeeding, gender identity, intersex status, age, physical or mental disability, marital status, family or carer’s responsibilities, subjection to family and domestic violence, pregnancy, religion, political opinion, national extraction or social origin;
(g) absence from work during parental leave;
(h) temporary absence from work for the purpose of engaging in a voluntary emergency management activity, where the absence is reasonable having regard to all the circumstances.
‣ Note: This subsection is a civil remedy provision (see Part 4‑1).
(2) However, subsection (1) does not prevent a matter referred to in paragraph (1)(f) from being a reason for terminating a person’s employment if:
(a) the reason is based on the inherent requirements of the particular position concerned; or
(b) if the person is a member of the staff of an institution that is conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed—the employment is terminated:
(i) in good faith; and
(ii) to avoid injury to the religious susceptibilities of adherents of that religion or creed.
(3) To avoid doubt, if:
(a) an employer terminates an employee’s employment; and
(b) the reason, or a reason, for the termination is that the position held by the employee no longer exists, or will no longer exist; and
(c) the reason, or a reason, that the position held by the employee no longer exists, or will no longer exist, is the employee’s absence, or proposed or probable absence, during parental leave;
the employee’s employment is taken, for the purposes of paragraph (1)(g), to have been terminated for the reason, or for reasons including the reason, of absence from work during parental leave.
(4) For the purposes of subsection (1), subsection 109(2) (which deals with the meaning of voluntary emergency management activity) has effect as if the word employee had its ordinary meaning.
▷ Note, however, that employees are barred by section 723 from lodging a complaint of unlawful termination if they are entitled to make a general protections court application in relation to the conduct. Therefore, unlawful termination applications are only available to workers employed by Western Australian corporations whose main activity is not trading or financial or Western Australian sole traders, partnerships, or other unincorporated entities.

Trabajadores que gozan de una protección particular (fuero):

Remarks

No statutory provisions providing for special protection found in the legislation reviewed.

Forma de la notificación del despido al trabajador: escrita

Remarks

→ Section 117(1) FWA: "an employer must not terminate an employee's employment unless the employer has given the employee written notice of the day of the termination".

Plazo de preaviso:

Remarks

▷ Notice of termination is - together with other rights and entitlements set out in part 2.2 of the FWA - part of the new "National Employment Standards", in force since 1st January 2010.
→ Section 117(3) establishes the statutory minimum notice periods, which vary according to the length of service and the age, as follows:
- If the employee has been continuously employed for not more than 1 year, the notice period shall be 1 week;
- If the length of service is more than 1 year but not more than 3 years, the notice period shall be 2 weeks;
- If the length of service is more than 3 years but not more than 5 years, the notice period shall be 3 weeks;
- If the length of service is more than 5 years, the notice period shall be 4 weeks.
▷ In addition, the notice period shall be increased by 1 week if the employee is over 45 years old and has completed at least 2 years of continuous service with the employer at the end of the day the notice is given.
‣ However, according to section 123 FWA, the provisions on notice of termination do not apply to the following employees:
- Employees not covered by Division 11 of the FWA (both notice of termination and redundancy pay):
"(1) (a) an employee employed for a specified period of time, for a specified task, or for the duration of a specified season;
(b) an employee whose employment is terminated because of serious misconduct;
(c) a casual employee;
(d) an employee (other than an apprentice) to whom a training arrangement applies and whose employment is for a specified period of time or is, for any reason, limited to the duration of the training arrangement;
(e) an employee prescribed by the regulations as an employee to whom this Division does not apply.
(2) Paragraph (1)(a) does not prevent this Division from applying to an employee if a substantial reason for employing the employee as described in that paragraph was to avoid the application of this Division"
- Other employees not covered by notice of termination provisions:
"(3) (b) a daily hire employee working in the building and construction industry (including working in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures); or
(c) a daily hire employee working in the meat industry in connection with the slaughter of livestock; or
(d) a weekly hire employee working in connection with the meat industry and whose termination of employment is determined solely by seasonal factors; or
(e) an employee prescribed by the regulations as an employee to whom that Subdivision does not apply."

Indemnización sustitutiva de preaviso: Si

Remarks

→ Section 117(2) b) FWA indicates that: (2) The employer must not terminate the employee’s employment unless: (...);
(b) the employer has paid to the employee (or to another person on the employee’s behalf) payment in lieu of notice of at least the amount the employer would have been liable to pay to the employee (or to another person on the employee’s behalf) at the full rate of pay for the hours the employee would have worked had the employment continued until the end of the minimum period of notice.

Notificación a la administración: No

Remarks

No statutory provisions were found in the examined legislation regarding individual dismissals: see the requirements related to collective dismissal in the dedicated section below.

Notificación a los representantes de los trabajadores: No

Remarks

No statutory provisions were found in the examined legislation regarding individual dismissals: see the requirements related to collective dismissal in the dedicated section below.

Aprobación de la administración publica o de organismos judiciales: No

No statutory provisions were found in the examined legislation in this respect.

Acuerdo de los representantes de los trabajadores: No

No statutory provisions were found in the examined legislation in this respect.

Definición de despido colectivo (número de empleados afectados) ▷ Dismissal of 15 or more employees for reasons of an economic, technological, structural or similar nature, or for reasons including such reasons.

Remarks

→ Section 530 FWA indicates that:
(1) If an employer decides to dismiss 15 or more employees for reasons of an economic, technological, structural or similar nature, or for reasons including such reasons, the employer must give a written notice about the proposed dismissals to the Chief Executive Officer of the Commonwealth Services Delivery Agency (Centrelink).
(2) The notice must be in the form (if any) prescribed by the regulations and set out:
(a) the reasons for the dismissals; and
(b) the number and categories of employees likely to be affected; and
(c) the time when, or the period over which, the employer intends to carry out the dismissals.
(3) The notice must be given:
(a) as soon as practicable after making the decision; and
(b) before dismissing an employee in accordance with the decision.
(4) The employer must not dismiss an employee in accordance with the decision unless the employer has complied with this section.
▷ Note that under section 534, the specific rules on notification and consultation in case of collective dismissal do not apply in relation to any of the following employees:
"(1) (a) an employee employed for a specified period of time, for a specified task, or for the duration of a specified season;
(b) an employee who is dismissed because of serious misconduct;
(c) a casual employee;
(d) an employee (other than an apprentice) to whom a training arrangement applies and whose employment is for a specified period of time or is, for any reason, limited to the duration of the training arrangement;
(e) a daily hire employee working in the building and construction industry (including working in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures);
(f) a daily hire employee working in the meat industry in connection with the slaughter of livestock;
(g) a weekly hire employee working in connection with the meat industry and whose dismissal is determined solely by seasonal factors;
(h) an employee prescribed by the regulations as an employee in relation to whom this Division does not apply.
(2) Paragraph (1)(a) does not prevent this Division from applying in relation to an employee if a substantial reason for employing the employee as described in that paragraph was to avoid the application of this Division."

Notificación a la administración Yes

Remarks

→ Section 531(3) FWA provides for "Consulting relevant registered employee associations": An employer complies with this subsection if:
(a) The employer gives each registered employee association of which any of the employees was a member, and that was entitled to represent the industrial interests of that member, an opportunity to consult the employer on:
(i) measures to avert or minimise the proposed dismissals; and
(ii) measures (such as finding alternative employment) to mitigate the adverse effects of the proposed dismissals; and
(b) The opportunity is given:
(i) as soon as practicable after making the decision; and
(ii) before dismissing an employee in accordance with the decision.

Notificación a los sindicatos (representantes de los trabajadores) Yes

Remarks

→ Section 530 FWA requires mandatory notification of the proposed dismissals to the Chief Executive Officer of the Commonwealth Services Delivery Agency (Centrelink):
(1) If an employer decides to dismiss 15 or more employees for reasons of an economic, technological, structural or similar nature, or for reasons including such reasons, the employer must give a written notice about the proposed dismissals to the Chief Executive Officer of the Commonwealth Services Delivery Agency (Centrelink).
(2) The notice must be in the form (if any) prescribed by the regulations and set out:
(a) the reasons for the dismissals; and
(b) the number and categories of employees likely to be affected; and
(c) the time when, or the period over which, the employer intends to carry out the dismissals.
(3) The notice must be given:
(a) as soon as practicable after making the decision; and
(b) before dismissing an employee in accordance with the decision.
(4) The employer must not dismiss an employee in accordance with the decision unless the employer has complied with this section.
▷ Note: This subsection is a civil remedy provision (see Part 4‑1).

Notificación a los representantes de los trabajadores: Yes

Remarks

→ Section 531 (2) FWA requires notification of each registered employee association of which any of the employees is a member, and that is entitled to represent the industrial interests of that member, indicating that: (2) An employer complies with this subsection if:
(a) The employer notifies each registered employee association of which any of the employees was a member, and that was entitled to represent the industrial interests of that member, of the following:
(i) the proposed dismissals and the reasons for them;
(ii) the number and categories of employees likely to be affected;
(iii) the time when, or the period over which, the employer intends to carry out the dismissals; and
(b) The notice is given:
(i) as soon as practicable after making the decision; and
(ii) before dismissing an employee in accordance with the decision.

Acuerdo de los sindicatos (representantes de los trabajadores) No

Remarks

No statutory provisions were found in the examined legislation in this respect.

Acuerdo de los representantes de los trabajadores No

Remarks

No statutory provisions were found in the examined legislation in this respect.

Reglas de prioridad para los despidos colectivos (consideraciones sociales, edad, años de servicio) No

Remarks

No statutory provisions were found in the examined legislation in this respect.

Obligación del empleador de considerar solucionés alternativas al despido (transferencia, formación...) No

Remarks

No statutory provisions were found in the examined legislation in this respect.

Reglas de prioridad para la re-contratación Yes

Remarks

→ Section 531(3) FWA indicates that:
(a) The employer shall give each registered employee association of which any of the employees was a member, and that was entitled to represent the industrial interests of that member, an opportunity to consult the employer on:
(i) measures to avert or minimise the proposed dismissals; and
(ii) measures (such as finding alternative employment) to mitigate the adverse effects of the proposed dismissals.
(b) The opportunity is given:
(i) as soon as practicable after making the decision; and
(ii) before dismissing an employee in accordance with the decision.

tenure ≥ 6 meses: 0 mes(es).

tenure ≥ 9 meses: 0 mes(es).

tenure ≥ 1 año: 0 mes(es).

tenure ≥ 2 años: 0 mes(es).

tenure ≥ 4 años: 0 mes(es).

tenure ≥ 5 años: 0 mes(es).

tenure ≥ 10 años: 0 mes(es).

tenure ≥ 20 años: 0 mes(es).

Redundancy payment:

Remarks

→ Section 119 (1) FWA provides that "an employee is to be paid redundancy pay by the employer if the employee's employment is terminated:
(a) at the employer's initiative because the employer no longer requires the job done by the employee to be done by anyone, except where this is due to the ordinary and customary turnover of labour; or
(b) because of the insolvency or bankruptcy of the employer."
▷ The amount of the redundancy pay varies according to the employee's period of continuous service as follows:
- if the employee has at least 1 year but less than 2 years of continuous service: redundancy pay is 4 weeks;
- if the employee has at least 2 years but less than 3 years of continuous service: redundancy pay is 6 weeks;
- if the employee has at least 3 years but less than 4 years of continuous service: redundancy pay is 7 weeks;
- if the employee has at least 4 years but less than 5 years of continuous service: redundancy pay is 8 weeks;
- if the employee has at least 5 years but less than 6 years of continuous service: redundancy pay is 10 weeks;
- if the employee has at least 6 years but less than 7 years of continuous service: redundancy pay is 11 weeks;
-if the employee has at least 7 years but less than 8 years of continuous service: redundancy pay is 13 weeks;
- if the employee has at least 8 years but less than 9 years of continuous service: redundancy pay is 14 weeks;
- if the employee has at least 9 years but less than 10 years of continuous service: redundancy pay is 16 weeks;
- if the employee has at least 10 years of continuous service: redundancy pay is 12 weeks.
‣ Therefore, the maximum statutory redundancy pay is 16 weeks' pay for someone with between 9 and 10 years' service with one employer.
‣ Employees with less than 12 months of continuous service are not entitled to redundancy pay (§ 121(1)a) FWA).
‣ The obligation to pay redundancy does not apply to small business employers (employers with less than 15 employees).
→ In addition, section 123 FWA excludes from redundancy pay the following employees:
- Exclusion from the division 11 FWA (both notice of termination and redundancy pay):
"(1)(a) an employee employed for a specified period of time, for a specified task, or for the duration of a specified season;
(b) an employee whose employment is terminated because of serious misconduct;
(c) a casual employee;
(d) an employee (other than an apprentice) to whom a training arrangement applies and whose employment is for a specified period of time or is, for any reason, limited to the duration of the training arrangement;
(e) an employee prescribed by the regulations as an employee to whom this Division does not apply.
(2) Paragraph (1)(a) does not prevent this Division from applying to an employee if a substantial reason for employing the employee as described in that paragraph was to avoid the application of this Division"
-"Other employees not covered by redundancy pay provisions
(3)(a) an employee who is an apprentice; or
(b) an employee to whom an industry-specific redundancy scheme in a modern award applies; or
(c) an employee to whom a redundancy scheme in an enterprise agreement applies if:
(i) the scheme is an industry-specific redundancy scheme that is incorporated by reference (and as in force from time to time) into the enterprise agreement from a modern award that is in operation; and
(ii) the employee is covered by the industry-specific redundancy scheme in the modern award; or
(d) an employee prescribed by the regulations as an employee to whom that Subdivision does not apply"

tenure ≥ 6 meses: 0 semana(s).

tenure ≥ 9 meses: 0 semana(s).

tenure ≥ 1 año: 4 semana(s).

tenure ≥ 2 años: 6 semana(s).

tenure ≥ 4 años: 8 semana(s).

tenure ≥ 5 años: 10 semana(s).

tenure ≥ 10 años: 12 semana(s).

tenure ≥ 20 años: 12 semana(s).

Notes

1) Individual dismissal (non-economic): no statutory severance pay.
2) Economic dismissal (individual and collective): statutory redundancy payment

mineros: No

Section 392 FWA provides for Remedy - compensation, indicating that :
‣ Compensation
(1) An order for the payment of compensation to a person must be an order that the person’s employer at the time of the dismissal pay compensation to the person in lieu of reinstatement.
‣ Criteria for deciding amounts
(2) In determining an amount for the purposes of an order under subsection (1), the FWC must take into account all the circumstances of the case including:
(a) the effect of the order on the viability of the employer’s enterprise; and
(b) the length of the person’s service with the employer; and
(c) the remuneration that the person would have received, or would have been likely to receive, if the person had not been dismissed; and
(d) the efforts of the person (if any) to mitigate the loss suffered by the person because of the dismissal; and
(e) the amount of any remuneration earned by the person from employment or other work during the period between the dismissal and the making of the order for compensation; and
(f) the amount of any income reasonably likely to be so earned by the person during the period between the making of the order for compensation and the actual compensation; and
(g) any other matter that the FWC considers relevant.
‣ Misconduct reduces amount
(3) If the FWC is satisfied that misconduct of a person contributed to the employer’s decision to dismiss the person, the FWC must reduce the amount it would otherwise order under subsection (1) by an appropriate amount on account of the misconduct.
‣ Shock, distress etc. disregarded
(4) The amount ordered by the FWC to be paid to a person under subsection (1) must not include a component by way of compensation for shock, distress or humiliation, or other analogous hurt, caused to the person by the manner of the person’s dismissal.
‣ Compensation cap
(5) The amount ordered by the FWC to be paid to a person under subsection (1) must not exceed the lesser of:
(a) the amount worked out under subsection (6); and
(b) half the amount of the high income threshold immediately before the dismissal.
(6) The amount is the total of the following amounts:
(a) the total amount of remuneration:
(i) received by the person; or
(ii) to which the person was entitled;
(whichever is higher) for any period of employment with the employer during the 26 weeks immediately before the dismissal; and
(b) if the employee was on leave without pay or without full pay while so employed during any part of that period—the amount of remuneration taken to have been received by the employee for the period of leave in accordance with the regulations.

: Si

Si

Compensación por despido injustificado - límites legales (techo calculado en meses o método de calculo): Max. 26 weeks&apos; salary or half the amount of the high income threshold [HIT]<br/><b>New 2025</b> : (The HIT, which is indexed annually, was $183,100 at July 2025. Therefore the compensation cap was at $91,550.)

→ Section 392 (5) and (6) FWA on Compensation cap indicates that:
‣ (5) The amount ordered by FWC to be paid to a person under subsection (1) must not exceed the lesser of:
(a) the amount worked out under subsection (6); and
(b) half the amount of the high-income threshold immediately before the dismissal.
‣ (6) The amount is the total of the following amounts:
(a) the total amount of remuneration:
(i) received by the person; or
(ii) to which the person was entitled;
(whichever is higher) for any period of employment with the employer during the 26 weeks immediately before the dismissal; and
(b) if the employee was on leave without pay or without full pay while so employed during any part of that period - the amount of remuneration taken to have been received by the employee for the period of leave in accordance with the regulations."

directores/ gerentes: Si

→ Sections 390 FWA provides that:
(1) Subject to subsection (3), the FWC may order a person’s reinstatement, or the payment of compensation to a person, if:
(a) the FWC is satisfied that the person was protected from unfair dismissal (see Division 2) at the time of being dismissed; and
(b) the person has been unfairly dismissed (see Division 3).
(2) The FWC may make the order only if the person has made an application under section 394.
(3) The FWC must not order the payment of compensation to the person unless:
(a) the FWC is satisfied that reinstatement of the person is inappropriate; and
(b) the FWC considers an order for payment of compensation is appropriate in all the circumstances of the case.
→ Section 391 (1) FWA reads as follows:
"Reinstatement
(1) An order for a person's reinstatement must be an order that the person's employer at the time of the dismissal reinstate the person by:
(a) reappointing the person to the position in which the person was employed immediately before the dismissal; or
(b) appointing the person to another position on terms and conditions no less favourable than those on which the person was employed immediately before the dismissal.
(1A) If:
(a) the position in which the person was employed immediately before the dismissal is no longer a position with the person's employer at the time of the dismissal; and
(b) that position, or an equivalent position, is a position with an associated entity of the employer;
the order under subsection (1) may be an order to the associated entity to:
(c) appoint the person to the position in which the person was employed immediately before the dismissal; or
(d) appoint the person to another position on terms and conditions no less favourable than those on which the person was employed immediately before the dismissal [...]"

policía: Si

→ Under section 368 FWA, after an unfair dismissal application has been lodged, the Fair Work Commission must resort to all means other than arbitration which it considers are likely to resolve the conflict, such as mediation, conciliation, making a recommendation or expressing an opinion. It usually convenes a conciliation conference of the parties, which is held by telephone with a conciliator from the Fair Work Commission.

▷ Unfair dismissal disputes are decided by the Fair Work Commission (which is the national workplace relations tribunal) (§§ 385, 390 FWA)
▷ Note that general protections dismissal applications (see prohibited grounds) can be brought to the FWC, which must deal with the dismissal by mediation or conciliation. If it is satisfied that all reasonable attempts to resolve the dispute by mediation or conciliation have been or are likely to be unsuccessful ,it must issue a decision to refer the dispute to arbitration. If both parties agree, the FWC can then resolve the conflict by arbitration (§ 369 FWA). Otherwise, the applicant can then make an application to an ordinary court to deal with the matter (§ 370 FWA).
A person cannot make a general protections dismissal application at the same time as an unfair dismissal application.

Arbitraje: Si

▷ Under section 369 FWA, where the FWC is satisfied that all reasonable attempts to resolve a general protections dismissal application by mediation or conciliation have been or are likely to be unsuccessful and has issued a formal decision regarding this matter, it can, with the approval of both parties, resolve the conflict by arbitration, including by issuing binding orders to reinstate or compensate the applicant, to maintain his or her employment and to pay lost remuneration.
→ Section 369 on "Dealing with a dismissal dispute by arbitration" indicates that:
(1) This section applies if:
(a) the FWC issues a certificate under paragraph 368(3)(a) in relation to the dispute; and
(b) the parties notify the FWC that they agree to the FWC arbitrating the dispute; and
(c) the notification:
(i) is given to the FWC within 14 days after the day the certificate is issued, or within such period as the FWC allows on an application made during or after those 14 days; and
(ii) complies with any requirements prescribed by the procedural rules; and
(d) sections 726, 728, 729, 730, 731 and 732 do not apply.
Note: Sections 726, 728, 729, 730, 731 and 732 prevent multiple applications or complaints of a kind referred to in those sections from being made in relation to the same dispute. A notification can only be made under this section where there is no such other application or complaint in relation to the dispute at the time the notification is made. Generally, once a notification is made no such application or complaint can be made in relation to the dispute (see section 727).
(2) The FWC may deal with the dispute by arbitration, including by making one or more of the following orders:
(a) an order for reinstatement of the person;
(b) an order for the payment of compensation to the person;
(c) an order for payment of an amount to the person for remuneration lost;
(d) an order to maintain the continuity of the person’s employment;
(e) an order to maintain the period of the person’s continuous service with the employer.
(3) A person to whom an order under subsection (2) applies must not contravene a term of the order.

Duración del procedimiento:

No statutory provisions were found in the examined legislation in this respect.

There is no general statutory provision regulating the burden of proof in all dismissal cases.

No statutory provisions were found in the examined legislation in this respect.