After the case

If you made an unfair dismissal application to the Fair Work Commission (the Commission), the case will end when one of the following has happened:

• you reach an agreement with your employer
• you discontinue (end) the case
• the Commission makes an order after a hearing.

After the case has ended, you should consider the following:

​​Enforcing agreements

You and your employer may have settled the case at conciliation or before the hearing. If you settled, your employer may have agreed to reinstate you or pay you compensation. If your employer does not do what they agreed, you may be able to enforce the agreement.

For more information, see Enforcing agreements.

Enforcing orders

If your employer doesn't follow an order made by the Commission, you may be able to apply to the Federal Court of Australia or the Federal Circuit and Family Court of Australia to enforce the order. Both Courts can:

• fine your employer
• award compensation for loss you have suffered because your employer didn't follow the Commission's orders
• order reinstatement
• make other orders.

For more information, see Enforcing orders.

Appeals

An appeal is an application to a higher court asking that the decision of a lower court be changed or cancelled.

If you think the Fair Work Commission (the Commission) has made a mistake in your case, it may be possible to appeal to the Full Bench (three members) of the Commission. You can't appeal just because you disagree with the decision.

You may be able to appeal if you think the Commission made a mistake about the law or about what happened (this is called an 'error of fact').

It is possible to appeal a decision made in a jurisdictional hearing or a decision made in a final hearing. The appeal process is the same for both.

You must appeal within 21 days of the Commission making its decision. If it has been more than 21 days since the decision was made, you may still be able to appeal. However, you will need to ask for an extension of time and explain why you did not file your appeal within the time limit.

How do I appeal?

To appeal the decision in your case, you must file: 

• a Form F7 - Notice of appeal form, and 
• an appeal book containing evidence from your case.

You then must serve the form and appeal book on your employer.

Appealing a decision does not automatically stay the decision of the Commission. You must request a stay order in your Notice of appeal.

Appealing a decision can be complicated. If the Commission thinks that your appeal case was clearly weak and you had no chance of winning, it can order you to pay the respondent's legal costs in the appeal case. Before you appeal, you should get legal advice.

Frequently Asked Questions

For answers to commonly asked questions, see After the case - Frequently Asked Questions.