Agree to arbitration for unlawful termination (Form F9B)

In an unlawful termination case, the 2 sides take part in a conference to try and reach an agreement. If this does not work, one option is to ask the Commission to decide the case through arbitration. Both sides must agree to arbitration and lodge Form F9B.

On this page:

Who can use this form
Before you start
Lodge now
What happens next
Rules and regulations for this form

Who can use this form

Only use this form if you:

have taken part in a conference at the Fair Work Commission about this case
have a certificate from the Commission about the case
are acting within 14 days of the date on the certificate (or give us a good reason for being late).

Before you start

Have this information ready before you begin the form. You will need to tell us:

your details
the Commission case (matter) number, which is in the material we sent you
the names and contact details of the applicant (the employee) and the respondent (the employer)
your representative's details, such as a lawyer or paid agent (if you are using one)
the date the Commission issued your unlawful termination certificate.

Send the form no more than 14 days after we issue a certificate. If you are late, you need to explain why you missed the deadline and why we should give you more time.

We store your information in line with the Form F9B privacy notice (pdf).

Lodge now

Email your completed form to lodge@fwc.gov.au. If you have supporting documents, you should send them at the same time.

You can also send or deliver your documents to the Commission office near you.

Form F9B (doc) - Notification of agreement for consent arbitration of an unlawful termination dispute Form F9B (pdf) - Notification of agreement for consent arbitration of an unlawful termination dispute

What happens next

We will contact you to explain what happens after we receive your notification.

Rules and regulations for this form

Fair Work Act 2009: Section 777(1)(b)