Employment Law: A Federal System

Most Queensland workers are covered by the federal system, not state law. That single fact determines where a claim goes and how long you have.

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In short

Employment law for most Queensland workers operates under the Commonwealth Fair Work Act 2009, administered by the Fair Work Commission and the Fair Work Ombudsman, rather than under Queensland legislation. State industrial law still covers Queensland public sector and local government employees. Unfair dismissal and general protections dismissal applications must be lodged within 21 days.

Section 7

Employment law — a federal system with a short clock

Most Australian employment relationships are governed by the Fair Work Act 2009 (Cth), the National Employment Standards, and a modern award or enterprise agreement. Queensland has its own industrial system for state and local government employment, which runs on different legislation.

The single most important fact for a dismissed employee is the deadline: an unfair dismissal application, and a general protections application involving dismissal, must generally be lodged within 21 days of the dismissal taking effect. Extensions are available only in exceptional circumstances. A strong claim filed late is frequently worth less than a moderate claim filed on time.

Where claims go

Fair Work Commission — dismissal, general protections, bullying, disputes
Fair Work Ombudsman — underpayment and compliance
Federal Circuit and Family Court — most employment court proceedings
Queensland Human Rights Commission — state discrimination complaints

Where employers get caught

Process, not merits — a defensible reason undone by an indefensible procedure
Restraints drafted too broadly to be enforceable
Investigations run without procedural fairness
Redundancies that are not genuine on the statutory test

Commonwealth workplace law has moved repeatedly since 2023. Confirm current entitlements, thresholds and penalties against fairwork.gov.au and fwc.gov.au before acting on any figure.

Common questions

Is employment law in Queensland state or federal?

For most workers it is federal. The Commonwealth Fair Work Act 2009 covers employees of constitutional corporations, which includes the great majority of private sector employers, and is administered by the Fair Work Commission and the Fair Work Ombudsman. Queensland industrial legislation still applies to state public sector and local government employees, so the first question in any matter is which system covers you.

Which body hears an employment dispute?

The Fair Work Commission deals with unfair dismissal, general protections and related applications, and conducts most conciliation conferences by telephone. The Fair Work Ombudsman handles compliance and underpayment matters. Court applications, including general protections claims that do not resolve at the Commission, proceed to the Federal Circuit and Family Court or the Federal Court.

Sources

Reviewed 26 August 2026

The bracketed numbers in this article refer to the master numbered source list on the Knowledge Hub, which is maintained in one place so a citation cannot fall out of step between pages. Every source is an official primary source: Queensland and Commonwealth legislation, the courts, or the relevant regulator.