Going to the Federal Circuit and Family Court of Australia
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, you may be able to apply to the Federal Circuit and Family Court of Australia. The Court can hear your case and make a decision about whether your employer broke the law when they dismissed you. The Court can make orders about compensation and reinstatement, as well as other orders, for example fining your employer.
You must make a general protections application to
the Commission before you can go to the Federal Circuit and Family Court of Australia. For more information, see
Going to the Fair Work Commission.
It is also possible to apply to the Federal Court of Australia for more complex cases. Before applying, you should get legal advice.
Applying to the Federal Circuit and Family Court of Australia
To apply to the Federal Circuit and Family Court of Australia you need to fill out an application and claim form and submit these with the application fee.
You can only apply if you have already 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 and Family Court of Australia within 14 days of
the Commission issuing the certificate.
Step by step guide: Applying to the Federal Circuit and Family Court of Australia
Directions hearings
When you apply to the Federal Circuit and Family Court of Australia, your case will be listed for a 'first directions hearing'. A directions hearing is a short hearing where the Court can make orders about what should happen next in your case.
For more information, see
Directions hearings.
Mediation
Mediation is an informal way of solving a problem. If you apply to the Federal Circuit and Family Court of Australia, 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.
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.
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.
For more information, see
Hearing.
The decision
After the hearing has finished, the judge will either find that:
- You have proved your case (your employer broke laws about general protections in the workplace when they dismissed you from your employment)
- You haven't proved your case (your employer didn't break laws about general protections in the workplace).
If you proved your case, you may be able to apply for an order that your employer must pay your legal costs.
If you haven’t proved your case, your employer may be able to apply for a costs order against you.
For more information, see The decision.
Frequently Asked Questions