Fair Work Commission

This video explains who the Commission is, what the Commission does and what makes us different from the Fair Work Ombudsman. This is a great place to begin if you are not sure if the Commission is the right organisation to help you.

Go to our What is the Fair Work Commission? page and video.

Unfair dismissal claims are an important part of the Commission's work and are a common reason individuals may come into contact with us.

This video briefly explains the unfair dismissal process from start to finish. It is a really useful summary to introduce you to how the Commission deals with claims, and to identify areas you might need to know more about.

Go to our How do unfair dismissal claims operate? page and video.

Unfair dismissal claims are brought to the Commission by a dismissed employee.

This video explains how to do that, including what forms to use and what information to include. Anyone who thinks they may be eligible to make an unfair dismissal claim should review this video.

Go to our What is the process for unfair dismissal claims? page and video.

Employers must respond to unfair dismissal claims that are brought by a dismissed employee.

This video explains how to do that, including what forms to use and what information to include. All employers should review this page.

Go to our What is the process for unfair dismissal claims? page. 

Conciliation is the first step in the process of dealing with an unfair dismissal claim. It is a very important step as the majority of claims are settled during conciliation with both parties avoiding the time and cost of going to a conference or hearing.

This video shows you how a conciliation works and how to prepare for it.

Go to our What is the process for unfair dismissal claims? page.

A hearing room can be a daunting place for employees and employers. It is a strange environment and it can be a little hard to know who is who, what role they play and what you will need to do.

This video shows you what a hearing room looks like and explains what each person in there does. Anyone participating in a hearing will find this video useful.

Go to our Who's inside the hearing room? page and video.

Hearings and conferences are legal processes and there are rules and procedures that you need to follow if you are appearing.

This video explains how to prepare your paperwork, the differences between a conference and a hearing and the outcomes you can expect. Everyone with a hearing or conference coming up should watch this video.

Go to our What happens at hearings and conferences? page and video.

The Commission only has powers to deal with unfair dismissal claims for certain employees who meet the criteria in the legislation (the Fair Work Act 2009)—this is called its 'jurisdiction'.

If an employee falls beyond the Commission's jurisdiction we cannot proceed with their unfair dismissal claim. Employers have the right to challenge a claim based on a jurisdictional objection, which is dealt with in a jurisdiction hearing. This video is important for employers and employees.

Go to our What are jurisdictional hearings? page and video.

This section provides you with information about how to find the Fair Work Commission office in your state or territory.

We show you the location of our building in your capital city and what the foyers and hearing rooms look like. You will also find details about how to reach us by public transport or car.

Go to our Commission offices pages and videos.

Fair Work Commission staff can provide you with information over the telephone or at one of our offices. The Commission cannot provide legal advice or advice on how best to run a case. However, the Commission can give information on:

• processes in the Commission
• how to make an application to the Commission and how to respond to an application that is made against you
• how to fill out forms
• where to find useful documents such as the relevant laws and decisions, and
• other organisations which may be able to help you.

The Commission's website contains information that can help you prepare for a hearing or conference including:

• the Fair Work Act 2009,
• the Fair Work Regulations 2009
• the Fair Work Commission Rules 2013 and associated forms
• Commission decisions and orders
• Commission office details

An application form can be lodged online, or by email or fax.

For more information go to the Lodge an application page on our website.

Lodging an application with the Commission means you are commencing a legal proceeding against another person. In such cases, documents used to support or defend a case are available to both/all parties. 

Commission forms and other instructional documents (eg Directions) may direct you to serve a document on another party.  Serving a document means sending a copy of the document to the other side or their representative. You can serve a document by:

• sending the document by express post to the other party or representative in the proceedings (and keeping the sender's copy of the identifying barcode), or
• sending the document by registered post to the other party or representative in the proceedings, or
• sending the document by email to the email address of the other party or representative in the proceedings.

Note, in some cases, the Commission will serve initial documents on the other party. The relevant form will let you know about this

You must send the other party (or their representative) any document that you are required to serve on them.

Generally, you must also send to the other party (or their representative) a copy of any correspondence or document you send to the Commission. If you do not do so, the Commission may forward a copy to the other party (or their representative).

If you are concerned about correspondence or a document being forwarded by the Commission to the other party or their representative (for example, if it contains personal medical details or other confidential information) you should contact the Commission to discuss your options before sending it to the Commission.

You should assume that the other party (and their representative) will see any documents you file with the Commission and any correspondence or document that you send to the Commission. Members and staff of the Commission who need access to your file in order to process your application will also see your correspondence and documents.