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After you apply, the Fair Work Commission (the Commission) will send the employer a notice telling them that you have made an unfair dismissal application. The notice will include:
The employer must fill out form F3 to respond to your application.
In the form the employer must state:
The employer must return the form to the Commission and send a copy to you before the conciliation.
The different ways an employer can send you a document are:
If you do not receive a copy of the employer's response, you should contact the Commission.
To see what an employer's response could look like, see
Sample Employer's Response to Unfair Dismissal Application.
If your employer does not file a form F3 with the Commission, the conciliation that has been listed for your matter will still go ahead at the scheduled time.
A jurisdictional objection is when the employer says that there are legal reasons why the Commission cannot deal with your case. For example, the employer may say that you are not able to make an unfair dismissal application because you did not complete the minimum employment period or you made your application more than 21 days after the dismissal.
If your employer has a jurisdictional objection about your application, your case will still go to a conciliation.
For information about jurisdictional objections, see
For more information about when you can make an unfair dismissal application, see
Can you apply? and
What is unfair dismissal?
If your employer simply says in their response that they disagree that you were unfairly dismissed, this is not a jurisdictional objection. If the employer says that they object to your application, or you do not understand anything in the employer's response, you should get