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Unfair dismissal application fees – refund changes

16 Dec 2022

The Fair Work Regulations 2009 set out when the Commission can refund application fees.

The Regulations have recently been amended by the Fair Work Legislation Amendment Regulations 2022. As a result, the circumstances where we can refund an application fee for an unfair dismissal application have changed.

From 14 December 2022, unfair dismissal application fees can only be refunded if the application is discontinued either:

  • before the Commission lists the application for a conciliation, conference or hearing with either a Commission Member or a staff conciliator, or
  • at least 2 days before the listed date, if we have listed the application for a conciliation, conference or hearing.

As a result of the change, fee refunds will no longer be paid where a case settles at staff conciliation.

This change applies to any case that is discontinued in the above circumstances on or after 14 December 2022, regardless of when the application was sent to us.