Introduction
Make a claim about a dispute or incident under general protections laws. In a dispute not about dismissal, you can apply up to 6 years after the incident. This is different from a general protections dismissal claim.
On this page:
Content
Before you start
Have this information ready before you begin. You will need to give us:
- the name and contact details of the person who should respond to this application (usually your employer)
- the details of the company responding to your application, including their ABN, which you may find on your payslip or at https://abr.business.gov.au
- what harm you experienced because the person responding took adverse action against you
- why you believe the reason for the adverse action was illegal (we give you the options)
- the outcome you want from this application
- details of any claim you have made to any other organisation about this dispute, if applicable.
Who can use this form
You can apply to us if you believe you are eligible and the general protections cover you.
See About the general protections laws if you need more information.
Only use form F8C if you are a current or potential employee or worker who:
- has not been dismissed AND
- believes someone has taken ‘adverse action’ against you AND
- believes the laws protect you because the reason for the adverse action is illegal ('prohibited').
You cannot apply if you have a current case about this issue with another body under an anti-discrimination law.
Apply now
Content
An application is the start of a legal process. Answer every question and tell us briefly what happened. Contact us if you do not understand a question in the form.
To apply:
- email your completed form to melbourne@fwc.gov.au.
- pay the fee.
You can also send or deliver your form to the Commission office near you.
We store your information in line with our Privacy notice.
How to pay the fee
You need to pay a fee when you apply. The fee for 2021-22 is $74.90 and changes on 1 July each year. If you lodge online, you can pay using a credit card. If you email or post your application without payment, we will contact you about payment. We cannot process your application until you pay the fee.
You may not have to pay a fee if this would cause serious financial hardship. Apply for a waiver using Form F80.
What happens next?
NOTE: Employees (not independent contractors) should contact us as soon as possible if:
- your employer dismisses you after you submit a Form F8C application AND
- you believe the reason for the dismissal is because you lodged Form F8C.
After we receive your application we give a copy to the employer. This does not include the fee waiver form, if you completed one.
Next, we ask the employer to respond to your application. We will organise a conference with you and the employer, if both sides of the case agree to it.
Rules and regulations for this form
Fair Work Act 2009: Section 372
Fair Work Commission Rules 2013: Rule 45