Going to the Federal Circuit Court

If you made a general protections dismissal application to the Fair Work Commission (the Commission) but you and your employer couldn't settle the case, it is possible to apply to the Federal Circuit Court. The Federal Circuit Court can hear your case and make a decision about whether your employer broke the law when they dismissed you. The Federal Circuit Court can make orders about compensation and reinstatement, as well as other orders, for example fining your employer.

On 12 April 2013 the Federal Magistrates Court of Australia became the Federal Circuit Court of Australia. If you applied to the Federal Magistrates Court before this date, your case will continue in the Federal Circuit Court. For more information on this change, see the Federal Circuit Court website.

You must have made a general protections application to the Commission before you can go to the Federal Circuit Court. For more information, see Going to the Fair Work Commission.

If you want your case to be heard in the Federal Circuit Court, you will usually take the following steps:

1. Apply to the Federal Circuit Court
2. Go to the first directions hearing
3. Go to mediation at the Federal Circuit Court
4. Go to any further directions hearings
5. Go to the hearing

Apply to the Federal Circuit Court

It is also possible to apply to the Federal Court for more complex cases. You should get legal advice before applying to the Federal Court.

To make an application to the Federal Circuit Court you need to fill out an application and claim form and submit these with the application fee.

You can only apply to the Federal Circuit Court if you first made a general protections application to the Commission, and the Commission issued a certificate saying that you and your employer couldn't settle the case.

If the Commission member believes that you don't have a good case, or it doesn't have merit, or it doesn't have 'reasonable prospects of success', they should tell you. Sometimes they will write this on the certificate. If the Commission member tells you this or has put this on the certificate, you should get urgent legal advice before filing any further claims.

You must apply to the Federal Circuit Court within 14 days of the Commission issuing the certificate.

 Step by step guide: Applying to the Federal Circuit Court

Go to the first directions hearing

When you apply to the Federal Circuit Court, your case will be listed for a 'first directions hearing'. A directions hearing is a short court hearing where the court can make orders about what should happen next in your case.

For more information, see Directions hearings.

Go to mediation at the Federal Circuit Court

Mediation is an informal way of solving a problem. If you apply to the Federal Circuit Court, you may be ordered to go to mediation. Mediation is a chance for you and your employer to talk about your dismissal and settle your case without having a hearing in court.

For more information, see Mediation.

Go to any further directions hearings

Your case will be listed for another directions hearing after mediation. If you and your employer came to an agreement at mediation, you can tell the court at this further directions hearing. If you and your employer couldn't settle the case, the court will make some orders about the next steps in your case.

For more information, see Directions hearings.

Go to the hearing

If you and your employer don't settle the case at mediation, your case will be listed for hearing. At a hearing, you can make submissions (present your argument) and give evidence about why you think your dismissal was against laws about general protections in the workplace. A judge will then make a decision and orders in your case.

For more information, see Hearing.