Apply to the Commission to deal with an unlawful termination dispute using Form F9. Check you are eligible before you apply. This is one of 3 types of dismissal related applications but you can only apply for 1.
On this page:
Before you start
Have this information ready before you begin:
- the name and contact details of the person who should respond to this application (usually your employer)
- the details of the employer you name in your application, including their ABN, which you may find on your payslip or at https://abr.business.gov.au
- the reason your employer gave for the termination
- the reasons you believe your employment was ended
- 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
Only use this form if:
- your employer dismissed you
- you are a union with permission to represent the employee who was dismissed
- you cannot apply under general protections (usually because you are not a national system employee)
- you believe the dismissal was for one or more unlawful reasons in section 772 of the Fair Work Act 2009, such as age, disability, temporary absence from work because of illness, union membership.
How to pay the fee
You need to pay an application fee when you apply. The fee for 2022-23 is $77.80 and changes on 1 July each year. You may not have to pay a fee if this would cause serious financial hardship. Apply for a waiver using Form F80.
We will contact you about payment. We cannot process your application until:
- you pay the fee OR
- we tell you we are waiving the fee.
What happens next?
When we receive your application, we will organise a conference between you and the employer. The employer must respond to the application within 7 days.
Then we will:
- tell all parties when and where the conference is
- give the employer a copy of your application and any supporting documents.
Rules and regulations for this form
Fair Work Act 2009: Section 773
Fair Work Commission Rules 2013: Rule 45