What next? The employer's response to your application
What happens after you make an application
After you apply, the Fair Work Commission (the Commission) will notify the employer that you have made a general protections dismissal application.
The Commission will send the employer:
- a copy of your application
- Form F8A - Employer's Response to Application for the Commission to Deal with a General Protections Dispute, and
- The Commission Guide to General Protections.
The case will then be allocated to a member of the Commission, and the member's associate will send out a notice of listing to both you and the employer, giving you the date, time and location of the mediation or conciliation conference, and any further instructions (if needed).
What the employer has to do
The employer must respond to your application within seven days by filling in form F8A and attaching any supporting documents. The form must include:
- the employer's contact details
- the contact details of their representative (if they have one)
- whether or not they agree with your application and if not, the reasons why they do not agree
- a response to your claim that they have broken the law
- an explanation for why you were dismissed.
Once the form is completed, your employer must file the form with the Commission and serve (give) a copy to you.
The employer can serve a copy on you by:
- sending it by express post to the address you put on your application
- sending it by registered post to the address you put on your application
- emailing it, if you included an email address on your application
- faxing it, if you put a fax number on your application
- leaving it with you, or any person apparently over the age of 15 years, at your home.
If you do not get a copy of the response you should call the Commission.
If your employer does not file a form F8A with the Commission, the conciliation that has been listed for your matter will still go ahead at the scheduled time.