Employment Lawyers Parramatta

Federal or NSW system: which workplace laws cover you in Parramatta?

If you work in Parramatta, Blacktown, Penrith, Liverpool, the Hills, Auburn or Merrylands, the first question is not what went wrong. It is which workplace system you belong to, because that decides where your claim goes.

Most people in New South Wales work for private businesses, and private enterprise employees are in the national system. That means the Fair Work Act 2009 (Cth) sets the rules and the Fair Work Commission, the national workplace tribunal, deals with dismissal, bullying and sexual harassment applications.

New South Wales kept its own system for two large groups: state public sector employees and local government employees. If you work for the NSW public service, NSW Health, the Teaching Service, or a council such as City of Parramatta, Blacktown or Penrith, your dismissal claim generally goes to the Industrial Relations Commission of New South Wales under the Industrial Relations Act 1996 (NSW).

This matters in Western Sydney, where many people work in public hospitals, schools and councils. Lodging in the wrong place can cost you days you do not have, so check which system your employer is in before you lodge.

Dismissed in Western Sydney? The 21-day deadline and how a claim starts

Losing your job is a shock, and time is short. In the national system, an unfair dismissal application must reach the Fair Work Commission within 21 days of the dismissal taking effect. An unfair dismissal is one that is harsh, unjust or unreasonable. The same 21 days applies to a general protections dismissal application, which is a claim that you were dismissed for a reason the law prohibits, such as being away from work because of sickness. The Commission calls this a strict time limit and says late applications are generally not accepted.

To be protected from unfair dismissal you need to have worked for at least 6 months, or 12 months if your employer is a small business, meaning fewer than 15 employees. You must also earn less than the high income threshold, currently $190,100, unless an award covers you or an enterprise agreement applies to you. Casual employees need regular and systematic work and a reasonable expectation that it would continue.

You apply online. The Commission sends the application to your employer, who is asked to respond within 7 days, and a conciliation is usually held about 5 weeks after lodgment. Conciliation is an informal meeting, usually online, where a conciliator helps both sides try to settle. The Commission reports that about 3 out of 4 cases resolve at this stage.

If you are a NSW public sector or council employee, the deadline is also 21 days after the dismissal, but the application is filed with the Industrial Relations Commission of New South Wales through the NSW Online Registry. That Commission first attempts conciliation and, if that fails, a Commission Member hears and decides the case. It can order reinstatement, re-employment or compensation.

You cannot make a general protections dismissal application if you have already made an unfair dismissal application about the same dismissal, so the choice of claim needs thought before you lodge.

Discrimination, bullying and sexual harassment at work in NSW

NSW has several pathways for these problems, each with its own time limit.

Anti-Discrimination NSW handles complaints under the Anti-Discrimination Act 1977 (NSW). It is based in Parramatta, but you do not attend in person to lodge: a complaint is made in writing, using its form or a letter to the President. The President can decline a complaint if the events happened more than 12 months ago. If conciliation does not resolve it, the complaint may be referred to the NSW Civil and Administrative Tribunal, known as NCAT, which can award compensation of up to $100,000. You cannot go to NCAT directly about discrimination.

The federal alternative is the Australian Human Rights Commission. Legal Aid NSW notes a 24 month period for most federal discrimination and harassment complaints, and 12 months for some grounds.

Bullying and sexual harassment at work can also be taken to the Fair Work Commission by national system workers. NSW public sector and council employees, and some other workers who cannot use the Fair Work Commission, have a state pathway: the Industrial Relations Commission of New South Wales can make stop bullying orders, and can deal with sexual harassment claims made within 24 months of the conduct, with no extensions, including damages of up to $100,000. You cannot run one of these claims and an anti-discrimination complaint about the same conduct.

State system employees treated badly for a protected reason, such as making a safety complaint or claiming an award entitlement, can apply to that Commission for relief from victimisation within 21 days of the detrimental action.

NSW-only rules: long service leave, workers compensation and safety

Some entitlements come from NSW law even when your employer is in the national system. Long service leave is the clearest example. Under the Long Service Leave Act 1955 (NSW), full-time, part-time and casual workers are entitled to 2 months (8.67 weeks) of paid leave after 10 years of continuous service. With between 5 and 10 years of service, you may be owed a pro-rata payment if your employer ends your employment for a reason other than serious and wilful misconduct, or if you resign because of illness, incapacity, or domestic or other pressing necessity. NSW Industrial Relations is the regulator.

Workers compensation is also state-based. Legal Aid NSW explains that you must report a work injury to your workplace within 30 days, and a claim should be made within six months of the injury. The Personal Injury Commission is the independent tribunal for these disputes.

A recent change matters if bullying or harassment has made you unwell. For most NSW workers who notify a primary psychological injury after 1 July 2026, if the insurer, after an internal review, still disputes the claim on the ground that what happened was not bullying, excessive work demands, sexual harassment or racial harassment, you must first obtain a certificate from the Industrial Relations Commission of New South Wales before applying to the Personal Injury Commission. This covers private sector workers too, with exceptions such as police officers, paramedics and firefighters.

Workplace safety is regulated by SafeWork NSW under the Work Health and Safety Act 2011 (NSW). SafeWork NSW can be reached on 13 10 50.

Where employment matters are dealt with from Parramatta

The closest workplace tribunal registry for most Western Sydney residents is in Parramatta itself. The Industrial Relations Commission of New South Wales has a registry at Level 5, 10-14 Smith Street, Parramatta, as well as its principal registry at Level 1, 47 Bridge Street, Sydney.

The Fair Work Commission's Sydney office is at Level 11, Terrace Tower, 80 William Street, East Sydney, where in-person hearings and conferences take place. In NSW its hearings are held in Sydney and Newcastle.

If a general protections dismissal dispute does not settle, the Fair Work Commission issues a certificate and you then have 14 days to apply to the Federal Court or the Federal Circuit and Family Court of Australia. For the Federal Circuit and Family Court of Australia, general federal law filings in Sydney are handled through the registry at Level 17, Law Courts Building, Queens Square. Underpayment claims of $100,000 or less can be run there as a small claim, a more informal process that is usually conducted online.

How NSW differs from Victoria and Queensland

Coverage changes from state to state. The Fair Work Ombudsman explains that in Victoria most employees, including state government employees with some exceptions, are in the national system. NSW is different: state public sector and local government employees are outside the national system and have their own Commission, their own Act and an Industrial Court. Queensland draws the same line for its public sector and councils, but through its own legislation and tribunal.

Long service leave, workers compensation and anti-discrimination law are also written separately by each state, so material written for another state may quote the wrong body, entitlement or deadline for a NSW workplace.