Fair Work Commission

Wages & entitlements

You will need to contact the Fair Work Ombudsman. They can provide you with information about:

• notice and termination payments, including severance pay
• wages, including the underpayment or non-payment of wages
• penalty rates and overtime
• other entitlements such as leave, breaks and public holidays
• award and agreement coverage, and
• payslips and other employment records.

You can visit their website at www.fairwork.gov.au.

The Fair Work Ombudsman is a separate organisation from the Fair Work Commission.

Before you send your email enquiry

Unfair dismissal

An unfair dismissal is a dismissal that is 'harsh, unjust or unreasonable'.

You might find the answer to your question on this website.

General protections dismissal

The general protections aim to protect workplace rights and freedom of association and to provide protection from workplace discrimination.

You might find the answer to your question on this website.

Unlawful termination

An employee who has been dismissed because of discrimination but who is not a national system employee may be able to make an unlawful termination application.

You might find the answer to your question on this website.

If you're not sure which application to make

You can only make one application to the Fair Work Commission about your dismissal.

Commission staff cannot give you advice about whether or not you can or should make an application, and cannot tell you how best to run your case. You will need to seek independent advice.

You can find a community legal centre in your area at the National Association of Community Legal Centres.

The law institute or law society in your state or territory may be able to refer you to a private solicitor.

Before you send your email enquiry

Application fee

The application for fee for a dismissal application (unfair dismissal, general protections dismissal, unlawful termination) is $71.90.

If the fee will cause you financial hardship, you can apply to have the fee waived.

Lodge your waiver form by email, facsimile, post or in person at one of the Fair Work Commission's offices. All contact details can be found on the Commission offices page.

Time limit for lodging

The time limit for lodging an unfair dismissal application or a general protections dismissal application is 21 days after the date the dismissal took effect.

The time limit for lodging an unlawful termination application is 21 days after the date the dismissal took effect.

The Fair Work Commission may allow an extension of time for the lodgment of the application if satisfied that there are exceptional circumstances.

Commission staff cannot give you advice about whether or not your circumstances would be considered exceptional. You will need to seek independent advice.

You can find a community legal centre in your area at the National Association of Community Legal Centres.

The law institute or law society in your state or territory may be able to refer you to a private solicitor.

Where to send my dismissal application

Lodge your application form by email, facsimile, post or in person at one of the Fair Work Commission's offices. All contact details can be found on the Commission offices page.

You can also apply electronically through the Commission's Online Lodgment Service.

In limited circumstances, you can apply over the phone on 1300 799 675.

Before you send your email enquiry

You might find the answer to your question about an unfair dismissal application that is currently at the Fair Work Commission on our website.

The Fair Work Commission does not have any power to require an employer to provide an employee with a separation certificate.

For assistance obtaining a separation certificate from your employer, or to find out when you're required to provide one to a former employee, you will need to contact Centrelink  on 132 850.

Before you send your email enquiry

Initial applications can be lodged online using our Online Lodgment Service.

You can also lodge an application through email, post, fax, or in person. Find out more on our lodge an application page.

Before you send your email enquiry

From 1 January 2014 onwards, workers in Australia who reasonably believe they have been the subject of bullying conduct at work may apply to the Fair Work Commission for an order to stop the bullying.

For more information you can visit our Anti-bullying page which contains an eligibility quiz, guide, benchbook, and more. You can also find out how to lodge an application for an order to stop bullying.

Still at the workplace where the alleged bullying took place?

The Commission can only make an order to stop bullying at the work where there is risk that the bullying will continue. Orders cannot be made when the worker is no longer exposed the alleged bullying, including if the worker is no longer engaged with the workplace where they allege the bullying occurred.

Role of the Commission

The Commission will assist the parties to explore whether a solution can be reached to preserve the working relationship in order to return to a safe, harmonious and productive working environment.

Before you send your email enquiry

Finding Commission decisions

• find decisions and orders issued after 1 July 2013
• find decisions and orders issued prior to 1 July 2013
• find an agreement
• find an award
• search Commission documents
• subscribe to updates

Before you send your email enquiry

Unfair dismissal applications

To confirm your contact details or seek an adjournment for an upcoming unfair dismissal conciliation, please contact the Conciliation Support Team: udt@fwc.gov.au.

General protection applications involving dismissal

To confirm your contact details or seek an adjournment for an upcoming General Protections conciliation, please contact the General Protections Case Management Team: gpt@fwc.gov.au.

Agreement approval applications

To get specialised support about the bargaining process and making an agreement, or follow up on an agreement in progress, please contact the Agreements Team: member.assist@fwc.gov.au.

Award modernisation

For enquiries about the current modern award review process, please contact the Award Modernisation Team: amod@fwc.gov.au.

Before you send your email enquiry

General protections disputes

The general protections aim to protect workplace rights and freedom of association and to provide protection from workplace discrimination.

You might find the answer to your question about general protections disputes on our website.

Enterprise bargaining disputes

You can ask the Fair Work Commission for help while you are negotiating a new enterprise agreement. You, as a bargaining representative, could do this if you are unable to resolve a dispute about the terms of the proposed enterprise agreement.

You might find the answer to your question about enterprise bargaining disputes on our website.

Disputes under awards or agreements

If you have a question about a dispute over the clauses contained in your existing award or enterprise agreement, you might find the answer to your question on our website.

Disputes over right of entry

The Fair Work Act 2009 and the Work Health and Safety Act 2011 enable union officials to enter workplaces for specified purposes.

You might find the answer to your question about right of entry on our website.

Before you send your email enquiry

The Fair Work Commission is responsible for setting minimum wages for employees in the national workplace relations system.

You might find the answer to your question about the annual wage review on our website.

Before you send your email enquiry

Industrial action can take a variety of forms. For example, employees may go on strike or impose work bans. Employers may lock out their employees.

You might find the answer to your question about industrial action on our website.

Before you send your email enquiry

The Fair Work Act 2009 and the Work Health and Safety Act 2011 enable union officials to enter workplaces for specified purposes.

You might find the answer to your question about right of entry on our website.

I want to find information about other topics

Please visit Fair Work Commission's website or contact on 1300 799 675.

Workplace Advice Service – VIC, NSW & QLD

The Commission has launched a Workplace Advice Service to provide access to free legal assistance to eligible persons, including small business employers seeking employment advice. This service is currently available in VIC, NSW & QLD. Find out more on our Where to get legal advice page.

Support and counselling services