How to Make a General Protections Claim Without Being Dismissed in Australia
Use Fair Work Commission Form F8C to raise a general protections dispute about adverse action that did not end your employment.
AU Australia
Work & Retirement ~ 4 min read
6 FAQ
Updated 2026-09-25
Helpydo structures practical guidance around official or public sources. For individual cases, confirm requirements with the responsible institution.
If you believe adverse action was taken against you for a reason prohibited by Australia's general protections laws and you were not dismissed, apply to the Fair Work Commission using Form F8C. You can lodge online or send the completed form by email. The Commission says a non-dismissal application can be made up to 6 years after the adverse action.
What you need
- Details of the adverse action, when it happened and who took it.
- An explanation of the prohibited reason you believe was connected to that action.
- Form F8C, completed online or as a document for lodgment by email or post.
- The application fee, or a request for a fee waiver if applicable.
Eligibility
Form F8C is for a general protections dispute involving adverse action that was not a dismissal. You must identify the action and why you believe it was taken for a prohibited reason, such as exercising a workplace right, taking part in industrial activity or a protected discriminatory reason. If your employment has ended, check the separate general protections dismissal process instead.
How to do it
- Identify the adverse action, its date, the person or organisation involved and the prohibited reason you believe explains it.
- Use the Fair Work Commission's online Form F8C application, or download and complete Form F8C.
- Lodge the application online or email the completed form to lodge@fwc.gov.au. The Commission also accepts completed forms by post to a Commission office.
- Pay the applicable application fee or request a waiver. For an online application, you can request the waiver during lodgment; otherwise use Form F80.
- Watch for the Commission's correspondence. A Commission conference in a non-dismissal dispute depends on both parties agreeing to participate.
When should you use Form F8C?
Use Fair Work Commission Form F8C when you say someone took adverse action against you for a reason prohibited by the general protections provisions of the Fair Work Act 2009 and the dispute does not involve dismissal. A dispute may concern an action affecting your employment while you remain employed. You need to explain both what happened and why you believe the reason was prohibited; an unwelcome workplace decision alone does not establish a general protections breach.
Prohibited reasons can involve exercising a workplace right, engaging in industrial activity or a protected discriminatory attribute. Record the relevant dates and keep any correspondence or other material that helps explain the action and your reason for linking it to a protection.
If you have been dismissed, the application and time limit are different. See general protections after dismissal. A workplace bullying issue may instead call for the separate stop-bullying order process, depending on the circumstances.
What are the time limit and application fee?
The Commission says you can make a non-dismissal general protections application up to 6 years after the adverse action. This is distinct from the shorter deadline for a dispute involving dismissal. The 2026–27 application fee is $92.70 and changes on 1 July each year. If you cannot pay, request a fee waiver using Form F80 or the waiver option in the online application.
How do you submit the claim?
Complete the Commission's General protections application not involving dismissal (Form F8C). You can apply online. Alternatively, complete the downloadable form and email it to lodge@fwc.gov.au; the Commission's forms guidance also allows lodgment by post to a Commission office. Give a clear account of the adverse action, its date, the respondent and the prohibited reason you rely on. If you lodge by email or post, the Commission will contact you about payment.
What happens after you lodge?
The Commission may ask the other party to respond. In a non-dismissal general protections dispute, a Commission conference to help the parties resolve the matter requires both parties' agreement. Lodging Form F8C does not mean the Commission has decided that a law was broken. If the parties do not agree to participate or the dispute remains unresolved, a federal court may be the route for a legal determination. The Commission does not publish a guaranteed time for completing an F8C matter.
Frequently asked questions
Can I make a general protections claim while I still work for the employer?
Yes. Form F8C is the Fair Work Commission's application for a general protections dispute that does not involve dismissal.
Is the deadline 21 days if I have not been dismissed?
No. The Commission says a non-dismissal application may be made up to 6 years after the adverse action. Dismissal disputes have a different deadline and form.
How much does Form F8C cost?
The Fair Work Commission lists a $92.70 application fee for 2026–27. You may request a fee waiver, including with Form F80.
Can I email Form F8C instead of applying online?
Yes. The Commission says you can email the completed form to lodge@fwc.gov.au.
Will the Commission hold a conference after I lodge?
A conference in a non-dismissal general protections dispute depends on both parties agreeing to participate.
Does filing Form F8C prove that my employer broke the law?
No. Filing starts a dispute process; it does not determine whether adverse action was taken for a prohibited reason.
Official sources
Fair Work Commission — Apply for general protections, no dismissal (Form F8C)Fair Work Commission — General protections applications not involving dismissalFair Work Commission — Fees and costsFair Work Commission — General protections and harmful adverse actionFair Work Commission — How to applyRelated procedures
Useful next steps and closely related guides for Australia.
Others were interested in
Other practical guides people exploring this topic may find useful.