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There are four steps to making an unfair dismissal application to the Fair Work Commission (the Commission).
There are time limits that apply. If you want to make an unfair dismissal application to the Commission, you must do so within 21 days of the date you were dismissed. If the time limit is nearly up, it is possible to make an application over the telephone without filling in a form. For more information, see
Making an unfair dismissal application.
For a handy guide to all the requirements you have to meet to make an unfair dismissal application, see
Checklist: Making an unfair dismissal application.
You will need one form:
If you cannot afford the application fee, it is possible to apply to waive (cancel) the fee. In this case you will need a second form:
You can get copies of forms from:
You can complete the form on a computer (by downloading a Word file and typing in the spaces provided) or you can print it out and complete it neatly in blue or black pen. The form should be printed on A4 sized paper.
You will need to include:
If you need more space for your answer you can attach extra pages.
The form also includes space to give your credit card details if you want to pay the application fee by credit card.You will need to print and sign the form.
For detailed instructions on completing the application form, see
Instructions for filling out an Unfair Dismissal Application.
To see what a completed application form could look like, see
Sample Unfair Dismissal Application.
Make sure you keep a copy of the form for your records.
You can lodge the form:
The application fee is $74.90 (as at 1 July 2021). You can pay the filing fee by:
All cheques and Money Orders must be made payable to 'The Collector of Public Monies'.
If you are applying by facsimile you must usually pay by credit card. If you do not have a credit card you should contact the Commission to find out if they will still accept a faxed application and allow you to pay in some other way.
If you are lodging the form by eFiling or email, do not fill in credit card details on the form. You must use the eFiling system to pay by credit card.
If you cannot pay the fee, you can apply for the Commission to waive (cancel) the fee. To apply for the waiver you will need to fill in the form Application - Waiver of application fee and file it with your application form. You will have to give details of your finances on the waiver form. If the Commission approves your waiver application, you will not need to pay the application fee.
After you file your application the Commission will arrange a conciliation. The Commission will send a notice of listing to you and the employer telling you the date and time of the conciliation. You should start preparing for the conciliation. For information on this see
The Commission will also ask the employer to fill out a form responding to your application. The employer should send a copy of this form to you. For more information see
The employer's response to your application.
For answers to commonly asked questions, see
Going to the Fair Work Commission - Frequently Asked Questions.