Being told your job could end can be unsettling. There may be worries about paying bills, supporting family and finding another role. You may also be trying to understand what your employer has decided—and whether you have a say.
For Aboriginal and Torres Strait Islander workers facing redundancy, knowing your rights can help you make informed decisions. You can ask questions, seek support and get advice about the process and your entitlements.
This article explains the national Fair Work system, which covers most Australian workers. Different rules apply to some workers, including certain state government, local government and Western Australian employees. Check which system covers your employment. Fair Work Commission: who is covered.
Redundancy happens when an employer no longer needs your job to be performed because the business’s needs have changed. This might follow a restructure, closure, reduced demand or new technology. For a dismissal to qualify as a genuine redundancy under national unfair dismissal law, the employer must also meet any applicable consultation requirements, and there must be no reasonable redeployment available within the employer or an associated business. Fair Work Ombudsman: redundancy.
Some of your duties may continue after your position disappears. For example, an employer might distribute work among several remaining positions. That can still be a genuine redundancy: the question is whether your job continues to exist after the changes. Fair Work Commission: when a job is no longer required.
When an employer says your role is “at risk” or “under consultation”, ask what that means for you. Has a change been proposed? Has a restructure been decided? Has your employment actually been terminated? Ask for a clear written explanation and the relevant dates.
Consultation is the process of discussing workplace changes and considering employees’ views. Where your award or enterprise agreement requires it, your employer must follow that process. An award sets minimum conditions for particular industries or occupations; an enterprise agreement sets conditions for employees covered by that workplace agreement.
The process generally involves explaining the changes, providing relevant written information, discussing their effects and considering suggestions to avoid or reduce harm to employees. An employer may already have decided to restructure, but required consultation must still provide a meaningful opportunity to influence matters that remain open before termination becomes irreversible. Fair Work Ombudsman: consultation guidance, Fair Work Commission: consultation obligations.
There is no single consultation period that applies to every Australian workplace. Do not assume everyone must receive seven days, two weeks or a month. Check the wording of your award or enterprise agreement, along with your contract and relevant workplace policies. If no award or enterprise agreement applies, the Fair Work Act does not impose a general redundancy consultation requirement on every individual employee. Other obligations may still be relevant. Fair Work Commission: consultation obligations.
Consultation and termination notice serve different purposes. Consultation gives you an opportunity to respond to changes. Notice tells you when your employment will end. Depending on your entitlements, you may work through a notice period or receive payment instead. A consultation announcement does not automatically count as termination notice. Ask your employer to explain both timelines. Fair Work Ombudsman: redundancy pay and notice.
You do not need to have every answer at the first meeting. Ask for the information in writing, take notes and request time to consider it. If the deadline makes it difficult to get advice or respond properly, request an extension and explain why.
Useful questions include:
What changes are being made, and why is my position affected?
What has already been decided, and what can my feedback influence?
Which award or enterprise agreement applies to me?
When is my feedback due, and when will I receive a response?
If some employees are staying in similar roles, how are people being selected?
What other work, retraining or redeployment has been considered?
What would my final pay include, and how has it been calculated?
Put your suggestions in writing where possible. You might identify a suitable vacancy, explain how your skills fit another role, or propose a different arrangement. Ask your employer to respond to those suggestions. Required consultation involves considering your views, although it does not give you a veto over the employer’s decision. Fair Work Ombudsman: consultation guidance.
Redeployment means moving into other work instead of losing your employment. Whether that is reasonable depends on factors such as your skills, available work, training needs, pay and location. Tell your employer which opportunities you would consider, including roles you could perform with reasonable retraining. Explain any practical concerns about relocation or changed hours. Fair Work Commission: redeployment.
You can also seek support during the process. Check your award or agreement for representation rights. Ask in advance to bring a union representative or a trusted support person, such as a colleague, family member or Elder. Explain what support would help you participate, including an interpreter, breaks or more time to consider documents. Enterprise agreements must allow employees to be represented during consultation. Fair Work Ombudsman: consultation and representation.
For Aboriginal and Torres Strait Islander workers, protection from racism remains part of your workplace rights throughout this process. An employer cannot lawfully select you for redundancy because you are Aboriginal or Torres Strait Islander. You also have protections against dismissal for exercising workplace rights, including making an employment complaint or inquiry, or because of protected union activity. Australian Human Rights Commission: know your rights, Fair Work Ombudsman: protections at work.
If you suspect discrimination or retaliation, record what happened, when it happened and who was present. Keep relevant letters, messages and your own meeting notes. Seek independent advice promptly so someone can help assess the evidence and your options.
Check the financial details carefully. Depending on your circumstances, your final pay can include outstanding wages, unused annual leave, payment instead of notice, redundancy pay and eligible long service leave. Unused sick and carer’s leave is generally not paid out. Ask for an itemised calculation and payment dates. Fair Work Ombudsman: final pay.
Not everyone receives redundancy pay. Under the National Employment Standards, casual employees, employees with less than 12 months’ continuous service and most employees of businesses with fewer than 15 employees are generally excluded. Exceptions and different industry arrangements exist, so check your particular entitlement. Fair Work Ombudsman: redundancy pay exclusions.
Before making decisions that could affect your position:
Get advice before resigning or leaving early. This can affect redundancy entitlements. Fair Work Ombudsman: leaving during notice.
Understand documents before signing them. Ask whether a document simply acknowledges receipt or includes an agreement to settle claims or release legal rights.
Get advice before rejecting alternative employment. An offer of other acceptable work can affect redundancy pay. Fair Work Ombudsman: redundancy payments.
Keep your employment records. Save your contract, payslips, leave balances, correspondence and consultation notes somewhere you can access.
If you believe the redundancy was not genuine, you may be eligible to challenge your dismissal. Eligibility rules apply, and a flawed process does not automatically guarantee compensation or reinstatement.
Unfair dismissal and general protections dismissal applications generally must reach the Fair Work Commission within 21 calendar days after the dismissal takes effect. Do not wait for internal discussions to finish before checking the deadline. Get advice about which application, if any, fits your circumstances. Fair Work Commission: unfair dismissal, general protections dismissal applications.
Support is available:
Fair Work Ombudsman: information and help with minimum employment entitlements, redundancy pay and final pay. Call 13 13 94 or use its workplace help service.
Your union: if you are a member, contact it early about advice, consultation support and representation.
Legal services: ask an Aboriginal and Torres Strait Islander legal service, Legal Aid or a community legal centre whether it handles employment matters or can refer you. The Commission’s legal help directory lists services by state and territory.
Discrimination support: the Australian Human Rights Commission provides information for Aboriginal and Torres Strait Islander people.
Money support: Mob Strong Debt Help provides free financial counselling and legal help with money matters for Aboriginal and Torres Strait Islander people. Call 1800 808 488. Moneysmart: First Nations support services.
When contacting a service, explain any approaching deadline and ask about culturally appropriate support. You can seek help while consultation is still underway, giving you time to understand the proposal, raise alternatives and make decisions about your next steps.
General information checked in November 2026. Your rights depend on your employment arrangements and circumstances; seek individual advice where needed.
