If your employer has dismissed you for one or more unlawful reasons, you may be eligible to apply for unlawful termination. Check if you can use this form before you start. This is one of 3 types of dismissal-related applications, but you can only apply for one.
On this page:
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.
Before you start
An application is the start of a legal process. When you lodge this form you will need to pay a fee.
We can only extend the deadline for lodging an application in exceptional circumstances.
Have this information ready before you begin. You may need to give us details including:
- 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 the Australian Business Register's ABN Lookup
- 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.
Answer every question and tell us briefly what happened. If you do not understand a question in the form you can Contact us.
Submit your form by no later than 11:59 pm on the 21st day after your employment was terminated.
Lodge your form online. To get started click on Apply online, follow the prompts to log in or set up an account. Alternatively email your completed form to firstname.lastname@example.org.
You can also post or deliver your documents to the Commission office near you. In some circumstances you can make an application over the phone.
The application fee
You need to pay a fee when you apply. The fee for 2022-23 is $77.80 and changes on 1 July each year.
If you apply:
- online - you can either pay the lodgment fee or request to have it waived when you submit your online application
- by email or post - 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?
After we receive your application and payment, we will:
- send a copy of your application and any supporting documents to your employer
- tell the employer they must respond to the application within 7 days
- organise a conference to help you and your employer discuss the issues.
Find out what happens in a conference.
Rules and regulations for this form
Fair Work Act 2009: Section 773
Fair Work Commission Rules 2013: Rule 45