Going to the Fair Work Commission - Frequently Asked Questions
1. How do I make a general protections application?
To make an application you will need to:
- get a form from the Fair
Work Commission (the Commission)
- fill in the form and sign it
- pay the filing fee of $74.90 (as at 1 July 2021) or apply to waive (cancel) the fee if you cannot afford it
- wait to receive your notice of listing.
You must make a general protections dismissal application to the Commission within 21 days of the date you were dismissed.
The Commission may accept late applications, but usually only in exceptional cases.
For more information, see
Making an application.
2. I made a general protections application. My case is listed for conciliation. Do I need to get a lawyer to represent me?
No. You can represent yourself at
the Commission.
If you want to get a lawyer to represent you, you will need to get permission from
the Commission. You should speak to your lawyer and they should arrange this as soon as possible.
If you are going to represent yourself, it may be possible to bring a support person, for example, a family member or friend. You should call the contact number on your Notice of Listing and speak to someone at
the Commission. You can ask if you are allowed to have a support person attend with you.
For more information on what you need to do at
the Commission, see
Conciliation.
3. What do I need to take with me to conciliation at the Fair Work Commission?
Your conciliation may be face to face or over the telephone.
In order to be prepared for the conciliation, make sure you have:
- a pen and notebook
- a copy of your application
- a copy of your employer's response
- your notes and/or completed Worksheet: Preparing for conciliation
- any supporting documents, for example, payslips, emails, letters, text messages
- a chronology or summary of what you say happened (if you have prepared one)
- a list of what you want from your employer to resolve your case.
For more information, see Step by step guide: Preparing for conciliation.
4. What happens at the Fair Work Commission conciliation?
At the conciliation, a Fair
Work Commission member (the Commission member) will meet with you and your employer face to face and help you to talk and try and come to an agreement.
You will be given a chance to tell your side of the story. Your employer will then be able to tell their side.
The Commission member will then usually talk to each of you separately and ask you some questions. You will then be called back together again.
A conciliation is not a hearing and evidence will not be taken, but you should be prepared to tell the Commission member what you want and why.
For more information, see Step by step guide: Going to conciliation.
5. My general protections application is being conciliated at the Fair Work Commission next week. What happens if my employer and I can't come to an agreement?
If you and your employer can't come to an agreement, the Fair
Work Commission (the Commission) will give you a certificate.
The certificate is proof that you went to the conciliation (or mediation) and confirms that you were not able to settle the case.
Once you have your certificate, you may be able to apply to the:
- Commission for arbitration if you and your employer agree
- Federal Court of Australia or Federal Circuit and Family Court of Australia to start a court case.
The Commission or the Court can make orders:
- stopping your employer from doing things that breach laws about general protections
- for reinstatement (getting your job back or giving you a similar job)
- for compensation.
The Federal Court of Australia and the Federal Circuit and Family Court of Australia can also order that your employer pay a fine (penalty).
For more information, see
After conciliation.