Step-by-step overview of applying to the Fair Work Commission, what to prepare, and what happens after you lodge.
The short answer
If you may be covered by unfair dismissal laws, you lodge an application with the Fair Work Commission using Form F2. For most applications, you must lodge within 21 days of your dismissal taking effect — see section 394. Lodging starts a formal process that usually includes a conciliation conference before any hearing.
Before you lodge
Lodging is a significant step. Before you apply, it helps to be clear on three things: whether you may be covered, when your dismissal took effect, and what outcome you are seeking (such as reinstatement or compensation).
Fair Go's free check can help you understand coverage and how much time you likely have left. It is general information only, not legal advice. If you are unsure, speak to an employment lawyer or contact the Fair Work Ombudsman for general guidance and the Commission for process questions.
What to have ready
You do not need a perfect bundle on day one, but having dates and documents organised makes the application stronger and saves time if the matter proceeds to conciliation or a hearing. The Commission's Form F2 asks for factual summaries — keep them chronological and stick to what you can prove.
- The date your dismissal took effect and your last day of work
- Your employer's legal name and contact details
- A brief summary of what happened and why you believe the dismissal was unfair
- Key documents such as your termination letter, employment contract, and relevant emails or messages
- Details of any warnings, performance management, or meetings leading up to the dismissal
- Witness names and contact details, if anyone saw relevant events
Lodging with the Fair Work Commission
Unfair dismissal applications are lodged with the Commission online. You will complete Form F2, which asks for your details, your employer's details, the dismissal date, and the remedy you are seeking.
There is a filing fee (currently $89.70). The Commission publishes current fees and information about fee waivers on its website. Start at the FWC lodgement page for up-to-date instructions.
What happens after you lodge
After your application is accepted, the Commission serves it on your employer. The matter is usually listed for a conciliation conference: a confidential discussion where a Commission member helps both sides try to resolve the dispute.
Many unfair dismissal matters settle at conciliation. If conciliation does not resolve the matter, it may proceed to a formal hearing where the Commission decides whether the dismissal was unfair and what remedy, if any, should be ordered.
Practical tips
- Lodge as early as you can within the 21-day window
- Keep copies of everything you submit and receive
- Stick to facts and dates rather than emotional language in your application
- Continue documenting events, evidence, and witnesses while the matter is active
- Get advice before agreeing to or rejecting a settlement offer at conciliation