(07) 3726 5002
Rubix Legal
Fair Work General Protections
Fair Work General Protections
A general protections claim is governed by The Fair Work Act. This Act contains numerous provisions to protect national employees and employers. Furthermore, it enshrines protections to independent contractors, principals and other certain persons and organisations. These protections are commonly referred to as fair work general protections and are designed to prevent unlawful workplace conduct. Rubix Legal is here to help stand with you and ensure these provisions are followed; and if they are not followed, to help you through the general protections claim process to get the outcome you are entitled to.
Our team is experienced with all sorts of claims concerning breaches of the general protection provisions. The most common type of general protections claim involves dismissal, but claims can also arise where the employment relationship is ongoing. Claims broadly relate to breaches of:
- Protections relating to workplace rights;
- Protections relating to involvement in industrial action;
- Protections from discrimination; and
- Protections from sham arrangements.
General protection claims are frequently filed instead of unfair dismissal claims because the circumstances that can amount to adverse action (and therefore unlawful action) are much broader than those that amount to an unfair dismissal. Due to their complexity and the high probability of errors occurring, our team strongly advises seeking legal advice before bringing a claim. We will work alongside you to provide you with representation that takes advantage of our expertise while ensuring that you understand what is happening and why.
We provide affordable and exceptional legal services to make sure your fair work general protections are upheld. If you believe you have a claim you can contact us here for assistance or call 07 3726 5002.
Rubix Legal
Who Is Eligible to Make a General Protections Claim?
The general protections provisions in the Fair Work Act 2009 protect:
- Employees;
- prospective employees;
- independent contractors; and
- prospective contractors.
They also protect employers, principals (and prospective employers and principals) and industrial associations.
All claims brought by eligible persons must relate to a constitutional-covered entity (such as a constitutional corporation, the Commonwealth or a Commonwealth Authority or body corporate).
There are two different types of general protections claims depending on whether the dispute involves a dismissal or not.
Note: If you are not eligible to lodge a general protections application in the Fair Work Commission you may be eligible to pursue an industrial dispute through the Queensland Industrial Relations Commission if you are in Queensland. Please contact us to find out more.
Rubix Legal
What Is Adverse Action Under Fair Work General Protections?
There are several forms of conduct that constitute adverse action. Adverse action taken by an employer includes:
- dismissal;
- injuring the employee in employment;
- altering the position of the employee to their prejudice; or
- discriminating against the employee.
If the above does not describe the situation you find yourself in, we urge you to contact us to discuss your specific circumstances.
A common general protections claim is one involving workplace rights. An employer must not take adverse action against an employee because the employee has or has exercised (or proposed to exercise) a workplace right.
For example, an employer must not dismiss an employee because the employee made a complaint about their wages and entitlements.
There are strict timeframes that apply to general protections claim involving dismissal. To proceed with a General Protections Application involving dismissal the employee must lodge their claim within 21 days of the dismissal taking effect. These deadlines apply under fair work general protections legislation and are strictly enforced. If you believe you are out of time it is crucial that you seek legal advice ASAP. We may be able to assist you with pursuing a general protections claim outside of the 21-day timeframe if ‘exceptional circumstances’ exist.
Rubix Legal
What Happens Next?
The process depends on whether the dispute in question involves a dismissal. Given that the most common type of general protection application involves dismissal, we have outlined this process only. If your situation does not involve dismissal, we would be happy to discuss the process that will apply to you.
Once a general protections claim application (involving dismissal) has been lodged with the Fair Work Commission, the application will typically be listed for a conciliation. This is an opportunity for the employer and employee to resolve the general protections dispute.
Employees can be legally represented at conciliations. If you require legal representation, please get in touch.
If the dispute cannot be resolved at the conciliation, you have several options moving forward. These typically include arbitration or a hearing before the Federal Circuit Court of Australia. If the Commission member is satisfied that reasonable attempts have been made to resolve the dispute and is unlikely to be resolved, they will issue a Certificate to that effect. Once you have the FWC Certificate, you can file an Application and supporting claim (in the Federal Circuit and Family Court of Australia.
Book a Consultation Now
Start your journey and discover your voice in the workplace
General Protections Advice
$660
Have you recently made a workplace complaint in relation to your employment and been victimised because of it? Have you been discriminated against on the basis of a protected attribute you have? Have you been dismissed for being temporarily absent from work due to illness or injury? If so, you may be eligible for a general protections claim. This package includes a review of your timeline of events pertaining to the workplace issues together with any supporting documents. We will identify your eligibility to make a claim and assess your prospects.
You’ll get a 1-hour legal advice consultation with one of our employment lawyers where you’ll receive tailored legal advice. You’ll also get a written summary of our advice. You’ll also get our cheat sheets for building your general protections case, together with a gameplan for managing the application process and effectively advocating for yourself. You’ll walk away with a clear picture of your legal position.
What’s Included
- Expert review of up to three relevant workplace documents - for example a termination letter, employment contract, or timeline of events
- Up to one hour of tailored legal advice with one of our experienced employment lawyers via Microsoft Teams
- A written recap summarising our discussion and recommended next steps
What’s Not Included:
If you would like us to review additional documents beyond the three included in your consultation, additional costs will apply. Simply send us the material you would like reviewed and we will provide you with an upfront quote before any work begins.
If after your consultation you would like to engage us to assist with the ongoing management of your workplace matter, we will provide you with a separate upfront quote for your consideration.
Extra Advice and Support
If you need more support, we offer a range of bespoke Legal Packages, tailored to your specific needs. This can include guided do-it-yourself options or done-for-you options.
For example, our workplace lawyers can:
- Draft the General Protections Application for you.
- Represent you at the conciliation conference.
- Provide you with background ad-hoc advice so you can represent yourself.
- Represent you in Court.
- We tailor our packages to offer you the level of support you feel you need to find your voice in the workplace.
Rubix Legal
How Can Rubix Legal Help?
General Protections Claim - Let’s Get Started...
How do I know if I have a general protections claim?
The Fair Work Act contains a number of general protection provisions that provide certain protections to national system employees and employers. It also provides certain protections to independent contractors, principals and other certain persons and organisations.
There are several different types of general protections. The most common type of General Protections claim is the one involving dismissal, but claims can also relate generally to:
- Protections relating to workplace rights;
- Protections relating to involvement in industrial action;
- Protections from discrimination; and
- Protections from sham arrangements.
If you have been treated adversely because of one of the general protections, you may be eligible to pursue a general protections claim.
A common general protections claim is one involving workplace rights. An employer must not take adverse action against an employee because the employee has or has exercised (or proposed to exercise) a workplace right.
For example, an employer must not dismiss an employee because the employee made a complaint about their wages and entitlements. To give another example, an employer must not dismiss an employee because they are pregnant or have requested flexible work arrangements.
How does a general protections claim work?
The process depends on whether the dispute in question involves a dismissal. Given that the most common type of general protection application involves dismissal, we have outlined this process only. If your situation does not involve dismissal, please contact us to discuss the process that will apply to you.
Once a general protections application (involving dismissal) has been lodged with the Fair Work Commission (or the Queensland Industrial Relations Commission registry in the case of public sector employees), the application will typically be listed for a telephone conciliation. This is an opportunity for the employer and employee to resolve the general protections dispute.
Employees can be legally represented at telephone conciliations. If you require legal representation please get in touch.
If the dispute cannot be resolved at the telephone conciliation, the presiding member will provide you with advice on your options moving forward. These typically include arbitration or a hearing before the relevant Court. If the Commission member is satisfied that reasonable attempts have been made to resolve the dispute and is unlikely to be resolved, they will issue a Certificate to that effect. You will then have the option to file a fresh claim in the relevant Court.
What does a general protections claim cost?
The Fair Work Commission charges an application fee for lodging a general protections application. The fee is adjusted annually on 1 July. The current fee as of July 2025 is $89.70.
In some circumstances the application fee may be refunded to you or waived. For example, if you decide to withdraw the application before any conference or hearing or you are otherwise experiencing financial hardship.
If you would like legal assistance and representation, please contact us here to find out about our bespoke general protections packages and pricing.
Should I claim unfair dismissal or general protections?
There are some important differences between an unfair dismissal claim and a general protections claim. The claim that is best suited to your circumstances will depend on a variety of factors. You can read more about unfair dismissal and general protections here.
If you would like to explore which claim is best suited to you, please get in contact.
Can contractors claim general protections?
Yes. Some of the general protections apply to contractors. For instance, a contractor is free to be a member of an industrial association or engage in industrial activities (and they are free to choose not to be so involved) without fear of adverse treatment.
Rubix Legal