How to Apply for Unfair Dismissal After Losing Your Job in Australia

You normally have only 21 days to apply

The most important practical rule is the deadline. An unfair dismissal application must reach the Fair Work Commission within 21 days after the dismissal takes effect.

The clock starts on the day after the dismissal takes effect. Weekends and public holidays count. If day 21 falls on a weekend or public holiday, the Commission says you may lodge on the following business day.

The date the dismissal takes effect is when the employment contract ends. This may be your last day at work, your last day of paid leave or a later termination date specified by your employer. If you receive payment instead of working a notice period, the dismissal will usually take effect immediately.

Do not deliberately rely on getting an extension. The Fair Work Commission can extend the deadline only if exceptional circumstances justify doing so, and its current guidance says most extension requests are declined.

Check whether you are protected from unfair dismissal

The federal unfair dismissal system does not cover every person who loses a job. You first need to be an employee covered by Australia's national workplace relations system.

You must also have completed the minimum employment period and satisfy at least one of the coverage tests relating to an award, enterprise agreement or earnings.

How long must you have worked for the employer?

The minimum employment period is generally:

• 6 months if the employer has 15 or more employees; or
• 12 months if the employer is a small business employer with fewer than 15 employees.

The small-business test is based on head count, not full-time-equivalent positions. The count can include full-time and part-time employees and regular casual employees, as well as relevant employees of associated entities.

Does your income affect eligibility?

If a modern award covers your employment or an enterprise agreement applies to you, earning above the high income threshold does not by itself exclude you from unfair dismissal protection.

If neither an award nor an enterprise agreement applies, your earnings must be below the high income threshold. For a dismissal taking effect on or after 1 July 2026, the threshold is $190,100. The threshold is adjusted annually on 1 July.

Can a casual employee apply?

Casual employment is not automatically excluded. For the relevant casual service to count, the employee must satisfy the statutory rules concerning regular and systematic casual employment and have had a reasonable expectation of continuing employment by the employer on a regular and systematic basis.

Check whether your job is in the national workplace system

Most private-sector employees are in the national workplace relations system, but important exclusions remain and they vary by state and employer type.

The national system broadly covers private enterprise employees in New South Wales, Queensland, South Australia and Tasmania; almost all employees in Victoria, the Australian Capital Territory and Northern Territory subject to specified exceptions; and employees of constitutional corporations in Western Australia, including many Pty Ltd companies.

Important groups outside the national unfair dismissal system include state public sector employees in New South Wales, Queensland, Western Australia, South Australia and Tasmania; local government employees in New South Wales, Queensland and South Australia; and in Western Australia, local government employees and employees of non-constitutional employers such as many sole traders and partnerships. State workplace laws may apply instead.

What does unfair dismissal actually mean?

Losing a job does not automatically mean you were unfairly dismissed. Under section 385 of the Fair Work Act 2009, the Commission must be satisfied that:

• you were dismissed;
• the dismissal was harsh, unjust or unreasonable;
• the dismissal was not consistent with the Small Business Fair Dismissal Code, if that Code applies; and
• the dismissal was not a genuine redundancy.

The Commission gives examples of a dismissal potentially being harsh where the consequence is disproportionate, unjust where the employee did not commit the conduct relied on, or unreasonable where the evidence does not support the employer's decision.

Unfair dismissal or general protections: choose the right application

Unfair dismissal focuses on whether the dismissal itself was harsh, unjust or unreasonable. General protections dismissal is different: it concerns an allegation that an employer dismissed someone for a prohibited reason, such as exercising a workplace right, discrimination, certain temporary absences because of illness or injury, freedom of association or another protected reason.

If the central issue is a prohibited reason rather than the fairness of the dismissal, read the separate guide to applying for general protections after dismissal for a prohibited reason. The Fair Work Commission warns that you can only make one dismissal application, so choosing the correct pathway matters.

When an unfair dismissal claim may be excluded

A dismissal is not unfair under the statutory test if it was a genuine redundancy. The Fair Work Act includes requirements concerning whether the job was genuinely no longer required because of operational changes, applicable consultation obligations and whether reasonable redeployment was available.

Different rules also apply when the employer is a small business. A small business employer has fewer than 15 employees under the Fair Work Act test. If the Commission is satisfied that the dismissal was consistent with the Small Business Fair Dismissal Code, it is not an unfair dismissal.

What should you gather before applying?

The Fair Work Commission says you can apply even if you do not yet have every piece of information. Meeting the 21-day deadline is more important than delaying an application while waiting for additional evidence.

If possible, prepare:

• your contact details;
• your lawyer or paid agent's contact details, if you have one;
• your former employer's legal name, which may appear on your payslip;
• contact details for someone at the former workplace who can receive the application;
• the date you started work and the date your employment ended;
• the date the employer told you about the dismissal;
• the reasons the employer gave for dismissing you;
• the dismissal email or letter and other supporting documents you already have;
• your explanation of why the dismissal was unfair; and
• the result or remedy you want.

For later conciliation or hearing preparation, useful records can also include your employment contract, recent payslips, warning letters, performance reviews and copies of the F2 application and the employer's F3 response.

How to apply for unfair dismissal online

The application is Form F2 – Unfair dismissal. The Fair Work Commission recommends online lodgment as the fastest and easiest method.

1. Use the Commission's unfair dismissal eligibility process to check whether Form F2 is the appropriate application.
2. Complete the application with your employment and dismissal details.
3. Explain clearly why you say the dismissal was unfair and what outcome you seek.
4. Attach supporting material you already have, without delaying beyond the 21-day deadline to collect everything.
5. Submit the application and pay the applicable fee, or lodge the required request for a fee waiver if you are experiencing serious financial hardship.

The Commission also publishes Form F2 and its lodgment options. Its forms guidance permits completed forms to be sent using specified methods such as email or post where applicable, and the Form F2 page provides the available lodgment methods.

How much does an unfair dismissal application cost?

The Fair Work Commission application fee for unfair dismissal is $92.70 for 2026-27. This amount applies from 1 July 2026 and the fee changes on 1 July each year.

You can pay by credit card when applying. If paying the fee would cause serious financial hardship, you can ask the Commission to waive it.

What happens after you submit Form F2?

Submitting Form F2 starts a legal process. The Commission says it will contact the applicant within 7 days of applying.

The Commission sends the former employer a copy of the application and documents submitted with it. The employer is asked to provide its response within 7 days of receiving the application. The employer can also raise a jurisdictional objection, for example about the deadline, minimum employment period, high income threshold or whether the employee is covered by the national system.

Prepare for conciliation

The Commission usually arranges a voluntary conciliation in an unfair dismissal matter. Its current process guidance says this is generally scheduled about 5 weeks after the application is received, while its conciliation guidance describes the usual window as approximately 2 to 5 weeks.

Conciliation is usually conducted through an online meeting and is less formal than a hearing. A Commission conciliator helps the employee and employer discuss the dispute but does not decide who is right or wrong.

Possible agreed outcomes can include reinstatement, a financial settlement, payment of outstanding entitlements, a statement of service, allowing the employee to resign, continuity of service, an apology, confidentiality or non-disparagement terms, and releases from further claims where legally permissible.

You are not required to settle. If no agreement is reached, the matter can continue to a conference or formal hearing before a Commission Member.

What if your former employer says you are not eligible?

An employer may make a jurisdictional objection. Common issues include a late application, insufficient length of employment, earnings above the threshold where no award or enterprise agreement applies, casual employment that does not satisfy the relevant rules, exclusion from the national system, genuine redundancy or compliance with the Small Business Fair Dismissal Code.

A jurisdictional objection does not automatically end the claim. A Commission Member may conduct a jurisdictional hearing and decide whether the Commission has power to continue. A late-application objection is normally dealt with before voluntary conciliation, while other objections may be dealt with later.

What can you get if your dismissal is found unfair?

If the Commission finds the dismissal unfair, reinstatement is the primary statutory remedy. This can restore the employee to employment on terms and conditions that are no less favourable, and orders can also address continuity of service and lost remuneration.

If reinstatement is inappropriate, the Commission may consider compensation. Compensation is for lost remuneration; the Commission cannot award compensation for shock, distress, hurt or humiliation.

For dismissals on or after 1 July 2026, the statutory compensation cap is the lower of the relevant remuneration amount for the preceding 26 weeks and $95,050. This is a maximum, not an amount an applicant should expect to receive.

Common mistakes to avoid

• Missing the 21-day deadline: not knowing the deadline, forgetting, being busy, stressed or upset, taking a holiday or misunderstanding the dismissal date are generally not treated by the Commission as exceptional circumstances by themselves.
• Waiting for every document: the Commission expressly says you can apply before you have all supporting information and provide more material later.
• Using the wrong dismissal application: unfair dismissal and general protections dismissal address different legal issues, and multiple dismissal applications about the same dismissal are not allowed.
• Using the trading name instead of the legal employer: check payslips, contracts and other records for the employer's legal name.
• Assuming every Australian employee is in the federal system: coverage depends on location and the legal status of the employer.
• Assuming losing a job automatically makes the dismissal unfair: the Commission must apply the statutory unfair dismissal tests.
• Assuming compensation is automatic: reinstatement is the primary remedy and compensation is considered when reinstatement is inappropriate.

How long can the process take?

There is no single completion time for every unfair dismissal case. The Commission says it will contact an applicant within 7 days after applying and usually holds optional conciliation about 5 weeks after receiving the application.

If the parties settle at conciliation, the case can end there. If it does not settle, the Commission says a conference or formal hearing will usually occur months after the application was received. The timetable depends on the case, including any jurisdictional objections and directions about evidence.