An employee may apply to us for unfair dismissal after their employment ends. As soon as we receive their application, we contact you. You must respond within 7 days using Form F3.
On this page:
Before you start
Have this information ready before you begin. You will need to give us:
- your contact details
- your lawyer or paid agent’s contact details (if you have one)
- the name of any enterprise agreement or award that covered the employee
- the employee’s employment history and the date you dismissed them
- details of any objection you have to the application
- why you dismissed the employee
- why you think it was fair, not unfair
- your response to what the employee says in their application.
Answer every question. If a question is not relevant, write ‘not relevant’ but do not leave it blank.
If you need help, see Help with Form F3.
Contact us if you do not understand a question in the form.
Who can use this form
Only use this form if:
- you are an employer (or are responding for an employer) AND
- we have sent the employer an unfair dismissal application (Form F2).
Only include copies of documents that are directly relevant to the claim, such as the letter of dismissal. We will ask you later if we need more information, documents or evidence.
What happens next
You must send (‘serve’) a copy of your response to the other parties, unless we tell you otherwise. The other parties are:
- the employee who made the application
- the employee's lawyer or paid agent, if they used one.
You can include the other parties in the email you send us. If you send your response to the other parties in a different way, you need to tell us.
We hold a conciliation where you and the employee discuss the application with help from a Commission staff member.
The date and time of the conciliation is in the letter we sent you with a copy of the application.
Rules and regulations for this form
Fair Work Commission Rules 2013: Rule 19, Rule 20, Rule 23, Rule 46 and Schedule 1