Small Claims Toolkit: Make a Small Claim Under the Fair Work Act 2009

This Toolkit is designed to assist national employment system employees in Victoria, Tasmania and Queensland who are capable of representing themselves in what is known as a small claim in the Fair Work division of the Federal Circuit and Family Court of Australia (the Court).

A small claim allows employees to sue their employers if the employer breached the Fair Work Act 2009 (Cth) (or related laws) by not paying the employee the correct entitlements. There is a cap to the amount that can be claimed through the small claims jurisdiction – $100,000 as of 1 July 2023.

If you make a small claim, you will need to satisfy the Court that the amount you wish to recover is one of the following:

1. An amount your employer was required to pay you in relation to the performance of work, including leave payments. This entitlement can come from federal or state legislation, a Modern Award or Enterprise Agreement, or an employment contract.
2. An amount your employer was required to pay you under a Modern Award or Enterprise Agreement.
3. An amount your employer was required to pay you under an employment contract if that entitlement is also covered in the National Employment Standards or could be covered in Modern Awards (e.g. your
   contract entitles you to annual leave or penalty rates). This is known as a safety net contractual entitlement.
4. An amount your employer was required to pay on your behalf (e.g. superannuation), provided you have an entitlement to this under a Modern Award, Enterprise Agreement or safety net contractual entitlement.

To download the Toolkit, click the “Download PDF” button on this page.

For further support

Call our Telephone Information Service on Melbourne Metro (03) 9662 1933 or Regional Victoria, Queensland and Tasmania on 1800 331 617.