​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |

Going to the Fair Work Commission - Frequently Asked Questions​


​​​

1. How can I mak​​e an unfair dismissal application?

If you want to make an application for unfair dismissal, you will need to:

  • get an application form from the Fair Work Commission (the Commission)
  • go to the Commission and hand in the form (called 'filing the application'), or send it by post, fax or email
  • pay a filing fee of $69.60 (as at 1 July 2016).  

Alert Icon  If you want to make an unfair dismissal application to the Fair Work Commission (the Commission), you must do so within 21 days of the date you were dismissed

The Commission may accept late applications, but usually only in exceptional cases.

If the 21 day time limit for making an application is nearly up, it is possible to make an application over the telephone.

For more information, see Making an unfair dismissal application.

Alert Icon  If you were dismissed from your job, you may be able to make a number of different claims against your employer. Before you make any claims or applications, you should get legal advice to help you work out what is the right option for you.


2. I have received a notice telling me there will be a telephone conciliation for my unfair dismiss​​al application. What is going to happen at the conciliation?

Conciliation at the Commission is usually held over the telephone. A conciliator will call you and your employer. If you or the employer have a solicitor or an advocate, they can also be part of the telephone call.

The conciliator will try to help you settle the dispute about your dismissal. Most conciliations usually involve the following steps:

  • you give a statement about why you think you were unfairly dismissed
  • your employer gives a statement in response
  • you, your employer and the conciliator discuss the issues raised
  • the conciliator ends the conference call and calls both parties separately to discuss settlement
  • the conciliator calls you and the employer to discuss any settlement offers.

There can be a number of calls between the conciliator and either party while settlement offers are discussed. If an agreement is reached, the conciliator will bring the parties back together to finalise the details of settlement.

For more information, see Conciliation.


3. We could not sett​le the case at conciliation, what happens now?

If you cannot settle the case at conciliation the next step is to have a hearing. You will be sent a Notice of Listing which tells you the date and time of the hearing. You will also be sent some instructions on the steps you must follow to prepare your case for hearing.

Hearings are held face to face at the Commission hearing rooms. A member of the Commission will hear from both sides and their witnesses. Hearings can take one day or may run for a number of days. For more information, see Hearing.

​​

4. If conciliation doesn't work, can my employer use what I said at conciliation as evidence in a h​earing?

Conciliation is confidential. This means that either side cannot give evidence during the hearing about what was said during conciliation.

For more information, see Conciliation.

​​

5. I have been told I have to prepare an outline of submission​s? What is this and how do I do it?

An outline of submissions is a written document that sets out what you want to say about your case. It should cover:

  • the evidence in your case
  • how the law applies to your case.

The Commission asks all parties to prepare an outline of submissions before their case goes to hearing. The outline tells the other side and the Commission what your case is about.

For more information see Directions and How to write an outline of submissions.


6. If I lose my unfa​ir dismissal case can I be made to pay my employer's legal costs?

The Commission is a 'no costs jurisdiction'. This means that each party usually pays their own costs.

In some special cases the Commission will order one side to pay the other side's costs, however this is very rare. If the Commission thinks you made an application that had no chance of success, it can order that you pay the other side's costs.

If your employer had a lawyer, legal costs will include part of their lawyer's fees.

For more information, see Costs.