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LawAccess NSW > Representing Yourself

Making an unfair dismissal application - Step by step guide

There are four steps to making an unfair dismissal application to the Fair Work Commission (the Commission).

Alert icone​There are time limits that apply. If you want to make an unfair dismissal application to the Commission, you must do so within 21 days of the da​​t​​e you were dismissed. If the time limit is nearly up, it is possible to make an application over the telephone without filling in a form. For more information, see Making an unfair dismissal application.

For a handy guide to all the requirements you have to meet to make an unfair dismissal application, see Checklist: Making an unfair dismissal application.

Step-by-step guide icon Making an unfair dismissal application - Step by step guide

Step 1: Get a copy of the fo​​rm(s)

You will need one form:

  • Form F2 - Unfair Dismissal Application

If you cannot afford the application fee, it is possible to apply to waive (cancel) the fee. In this case you will need a second form:

  • Application - Waiver of application fee

You can get copies of forms from:

Step 2​​: Fill out and sign the application form

You can complete the form on a computer (by downloading a Word file and typing in the spaces provided) or you can print it out and complete it neatly in blue or black pen. The form should be printed on A4 sized paper.

You will need to include:

  • the name and contact details of your employer
  • the dates you were employed
  • the reasons your employer gave for why you were dismissed (if you were given reasons)
  • why you think the dismissal was unfair
  • whether you need an interpreter.

If you need more space for your answer you can attach extra pages.

The form also includes space to give your credit card details if you want to pay the application fee by credit card.
You will need to print and sign the form.

For detailed instructions on completing the application form, see Instructions for filling out an Unfair Dismissal Application.

To see what a completed application form could look like, see Sample Unfair Dismissal Application.

Hint icon  Make sure you keep a copy of the form for your records.

​​Step 3: File ​the form and pay the application fee

You can lodge the form:​

The application fee is $69.60 (as at 1 July 2016). You can pay the filing fee by:

  • credit card (Visa and Mastercard)
  • EFTPOS (only for payments made in person at the Commission)
  • cheque
  • cash (only for payments made in person at the Commission)
  • money order.

All cheques and Money Orders must be made payable to 'The Collector of Public Monies'.

If you are applying by facsimile you must usually pay by credit card. If you do not have a credit card you should contact the Commission to find out if they will still accept a faxed application and allow you to pay in some other way.

If you are lodging the form by eFiling or email, do not fill in credit card details on the form. You must use the eFiling system to pay by credit card.

If you cannot pay the fee, you can apply for the Commission to waive (cancel) the fee. To apply for the waiver you will need to fill in the form Application - Waiver of application fee and file it with your application form. You will have to give details of your finances on the waiver form. If the Commission approves your waiver application, you will not need to pay the application fee.

Step 4: Wait for a notice of listing and the employer's response

After you file your application the Commission will arrange a conciliation. The Commission will send a notice of listing to you and the employer telling you the date and time of the conciliation. You should start preparing for the conciliation. For information on this see Conciliation.

The Commission will also ask the employer to fill out a form responding to your application. The employer should send a copy of this form to you. For more information see The employer's response to your application.

For answers to commonly asked questions, see Going to the Fair Work Commission - Frequently Asked Questions​. ​