Below is a general guide of the FWC’s unfair dismissal process.

  • Application of unfair dismissal sent by the employee to FWC;
  • A copy of the Application is sent by FWC to the employer;
  • Notice of Listing of the conciliation details sent to both parties;
  • Employer’s response sent to FWC and the employee;
  • Conciliation conference takes place via telephone with FWC conciliator; and
  • If the parties resolve the matter, the matter is settled and employee discontinues the Application.

This process does not include if the employer has raised jurisdictional objections to the Application (i.e. jurisdictional and arbitration conference, the jurisdiction conference or the arbitration conference).

Application for an unfair dismissal claim

An Application must be lodged within 21 days after the dismissal came into effect. Form F2 – Unfair Dismissal Appllication must be used and can be found on the FWC website.

The Application can be lodged via email, online, post, fax and in person at one of the FWC’s State or Territory offices.

A filing fee must be paid upon lodgment. The current filing fee is $67.20.

This fee can be waived in certain circumstances such as serious financial hardship. A Waiver Fee Form will also need to be submitted with the Application in these circumstances.

The Application must be served on the other party/other party’s legal representative via express post, registered post or e-mail.

Employer’s Response

The employer must complete Form F3 – Employer response to Unfair Dismissal Application available on the FWC website.

Legal Advice

The FWC does not provide legal advice.

Parties are entitled to obtain legal advice in relation to the unfair dismissal process and procedure.

If you wish to be represented by a lawyer or paid agent at the conference or the hearing, you will need to obtain the consent of the FWC.

If the person is employed by a union or is one of your employees or officers, you will not need the permission of the FWC to represent you at the conference or hearing.


If you require any assistance in your unfair dismissal application, please contact one of our employment lawyers today on 1300 544 755.

COVID-19 Business Survey
LegalVision is conducting a survey on the impact of COVID-19 for businesses across Australia. The survey takes 2 minutes to complete and all responses are anonymous. We would appreciate your input. Take the survey now.

About LegalVision: LegalVision is a tech-driven, full-service commercial law firm that uses technology to deliver a faster, better quality and more cost-effective client experience.

The majority of our clients are LVConnect members. By becoming a member, you can stay ahead of legal issues while staying on top of costs. For just $199 per month, membership unlocks unlimited lawyer consultations, faster turnaround times, free legal templates and members-only discounts.

Learn more about LVConnect

Emma Heuston
Need Legal Help? Get a Free Fixed-Fee Quote

If you would like to receive a free fixed-fee quote or get in touch with our team, fill out the form below.

  • By submitting this form, you agree to receive emails from LegalVision and can unsubscribe at any time. See our full Privacy Policy.
  • This field is for validation purposes and should be left unchanged.
Our Awards
  • 2019 Top 25 Startups - LinkedIn 2019 Top 25 Startups - LinkedIn
  • 2019 NewLaw Firm of the Year - Australian Law Awards 2019 NewLaw Firm of the Year - Australian Law Awards
  • 2020 Fastest Growing Law Firm - Financial Times APAC 500 2020 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review 2020 AFR Fast 100 List - Australian Financial Review
  • 2020 Law Firm of the Year Finalist - Australasian Law Awards 2020 Law Firm of the Year Finalist - Australasian Law Awards
  • Most Innovative Law Firm - 2019 Australasian Lawyer 2019 Most Innovative Firm - Australasian Lawyer
Privacy Policy Snapshot

We collect and store information about you. Let us explain why we do this.

What information do you collect?

We collect a range of data about you, including your contact details, legal issues and data on how you use our website.

How do you collect information?

We collect information over the phone, by email and through our website.

What do you do with this information?

We store and use your information to deliver you better legal services. This mostly involves communicating with you, marketing to you and occasionally sharing your information with our partners.

How do I contact you?

You can always see what data you’ve stored with us.

Questions, comments or complaints? Reach out on 1300 544 755 or email us at

View Privacy Policy