Fair Work Commission

Introduction

If you are party to a dispute being dealt with by the Fair Work Commission, you can respond to the application by downloading the correct form and sending it to us by email or fax.

Completed forms can be lodged by sending them to any of our Commission offices.

Unfair dismissal applications

If you are an employer who is party to an unfair dismissal matter before the Commission, you have a right to reply to any allegations made against you.

Once an application for unfair dismissal remedy has been lodged you will be sent a copy of the application as well as a response form.

Only a Member of the Commission can determine whether the dismissal was unfair – an application does not automatically mean that you, as an employer, have done something wrong when dismissing an employee.

You will be invited to respond to the application in writing before the matter is discussed at conciliation. This gives you, as the employer, an opportunity to present your side of the story. Your response, as well as the employee's application, will be discussed at conciliation, and will be considered by a Member of the Commission if the matter proceeds to a hearing.

In responding to an application lodged against you, you can object to the application if:

• the application was lodged with the Commission outside of the prescribed time limits
• the applicant is not covered by the unfair dismissal laws or is not eligible to make an application
• the application is frivolous, vexatious or has no reasonable prospects of success.

If you object to an application the matter may be listed for what is called a 'jurisdiction hearing', where a Member of the Commission will determine whether the application should be allowed to continue.

To make an objection, complete Form F3 – Employer's response to application for unfair dismissal remedy, or Form F4 – objection to an application for unfair dismissal remedy.

General protections applications

If you are an employer or principal who is party to a general protections dispute before the Commission, you have a right to reply to any allegations made against you.

Once an application to deal with a general protections dispute has been lodged you will be sent a copy of the application as well as a response form, and invited to respond in writing.  Your response, as well as the application, will be considered by a Member of the Commission if the matter proceeds to a conference or hearing.

The Commission remains impartial in dispute matters; only a Member of the Commission can determine whether a contravention of general protections has occurred. Receiving an application does not automatically mean that you, as an employer, have done something wrong.

To respond to a general protections application, complete Form 8A – Response to General protections application.

Unlawful termination applications

If you are an employer who is party to an unlawful termination dispute before the Commission, you have a right to reply to any allegations made against you.

Once the employee has lodged an application to deal with an unlawful termination dispute you will be provided with a copy of their application as well as a response form, and invited to respond in writing. Your response, as well as your employee's application, will be considered by a Member of the Commission if the matter proceeds to a conference or hearing.

The Fair Work Commission remains impartial in dispute matters, only a Member of the Commission can determine whether an unlawful termination has occurred in your case. Receiving an application does not automatically mean that you, as an employer, have done something wrong.

To respond to an Unlawful termination application, complete Form 9A – Employer's response to an application for the Commission to deal with an Unlawful termination dispute.

Disputes under awards or agreements

These types of applications do not need a formal response form to be filled out and completed.

A copy of the application will be sent to you by the applicant as soon as possible after it has been received by the Commission. Once the application is allocated to a Member of the Commission, they will either:

• contact the person nominated as the respondent on the application, or
• send the person nominated as the respondent a notice of listing (notification of a conference or hearing you are required to attend).

If you believe that:

• the dispute does not relate to the agreement or award that covers the workplace, or
• the dispute provisions of the award or agreement do not allow the Commission to be involved in the dispute

you can inform the Commission, and the applicant, in writing of your objection and the reasons for it. The Member will take this into account in dealing with the application.

Applications for an order to stop bullying

Once a worker has made an application for an order to stop bullying at work, the Commission will ask for a response from:

• the employer or principal who employed or engaged the worker,
• the person or people the worker has alleged is bullying them, and
• the employer or principal who employs or engages the person or people the worker has alleged is engaging in bullying behaviour (if different from their own employer or principal).

Note that the Fair Work Commission remains impartial in anti-bullying matters. Any responses received, as well as the worker's application, will be considered by a Member of the Commission if the matter proceeds to a conference or hearing.

To respond to an application for an order to stop bullying, complete:

• Form F73 – Response from an employer/principal to an application for an order to stop bullying
• Form F74 – Response from a person against whom bullying has been alleged to an application for an order to stop bullying