We are working hard to improve the experience of small business employers accessing our services. The Small Business Hub can help you find the information you need.
As a small business employer, the most common reason for you to visit us is to respond to a claim. Our role is to help resolve issues or disputes in the workplace. We also set minimum wages and conditions, and regulate registered organisations.
We regularly deal with disputes between employers and employees that happen in the workplace. When people apply to us to deal with issues, they start a legal process. If your business is named in an application, we will contact you. It is important you respond.
We know this can be hard but we are here to help. Our staff can explain our processes and direct you to information and forms on our website. We will work with you and the other party to agree on a solution. If the issue cannot be resolved, a Commission Member may decide the outcome of the case. This decision is legally binding. See about us to learn more about our role.
What's new
Disputes about fixed term contracts
From 6 December 2023, new limits on the use of fixed term contracts will be in place. For employees other than casuals, this includes:
- Maximum 2-year contract period – A fixed term contract can’t be for a period of more than 2 years, including renewals and extensions.
- No more than 2 consecutive contracts – In certain circumstances, an employee can’t have more than 2 consecutive contracts for the same or similar work.
If an employee and employer are in dispute about a fixed term contract, and the issue can’t be resolved at the workplace, the Commission may be able to deal with the dispute. This includes by mediation, conciliation or consent arbitration. Find out more about disputes about fixed term contracts.
The Fair Work Ombudsman’s information on the new rules for fixed term contracts can help small business understand the changes.
New discrimination protections for family and domestic violence
From 15 December 2023, protections against discrimination for employees who have been or are being subjected to family and domestic violence have been strengthened.
Subjection to family and domestic violence is protected from discrimination.
The Fair Work Ombudsman’s guidance on Family and domestic violence - Fair Work Ombudsman can help small business employers understand their responsibilities in relation to paid leave and protection against discrimination for employees subjected to family and domestic violence.
We have published a plain language fact sheet to help people understand these new protections.
Download: Changes to general protections: Family and domestic violence (pdf)
Subjection to family and domestic violence is protected from discrimination.
Workplace delegates’ rights and general protections
There are new protections for workplace delegates when they are carrying out that role.
A workplace delegate is a person appointed or elected by a union to be a delegate or representative for union members working in a particular enterprise. They have the right to represent the industrial interests of members and potential members.
We have published a plain language fact sheet to help people understand these new protections.
Download: Changes to general protections: Workplace delegates’ rights (pdf)
Assistance for small business
Understand how we can support you and where to find help if we can't.
What is a ‘small business’?
The law defines a small business as having fewer than 15 employees.
Types of workplace disputes
Understand the different types of disputes you can be involved in.
Respond to a claim against a business
It is important to respond and tell us your side.
Dismissal rules for small business owners
Understand what a fair dismissal process looks like.
Initiatives to help small business
The work we are doing to help small business.