Before anything else — work out your deadline. Count 21 calendar days from the date your dismissal took effect. Write that date down. Everything else can wait until you know how much time you have.
- You have 21 calendar days from the date your dismissal takes effect to lodge — not business days, not from when you were told.
- The application is Form F2, lodged online at fwc.gov.au. It takes around 30 minutes to complete.
- The fee is $83.30 for 2025–26. Waivers are available if you hold a Health Care Card or are in financial hardship.
- You do not need a lawyer to lodge. Most people apply themselves.
- After lodging, most matters go to conciliation — a free, confidential discussion — and around 80% resolve there without a hearing.
How to count the 21 days — the part most people get wrong
The 21-day clock starts on the day your dismissal takes effect — not the day you were told, not the day you received a letter, not the day you handed back equipment.
If you were told on a Monday that your last working day is Friday — the 21 days starts on Friday. If you were dismissed on the spot, it starts the same day.
Calendar days means every day counts — weekends, public holidays, Christmas. Day 1 is the day after your dismissal takes effect. Day 21 is your deadline. If day 21 falls on a weekend or public holiday, the Fair Work Commission will generally accept a lodgement on the next business day — but don't rely on this. Lodge before the deadline.
Example: Dismissed on Friday 13 June. Day 1 is Saturday 14 June. Day 21 — your deadline — is Friday 4 July. Lodge before that date.
Before you lodge — check you're eligible
Lodging an application that doesn't qualify wastes time and money. Run through these before you fill in Form F2:
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Minimum employment period met — 6 months if your employer has 15 or more staff; 12 months if fewer than 15. Time on probation counts.
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You were dismissed — you were let go, or were forced to resign (constructive dismissal). A voluntary resignation without pressure doesn't qualify.
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Income below $183,100 (2025–26) — or you're covered by a modern award or enterprise agreement regardless of income.
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National system employee — most private sector workers in Australia. SA state public sector employees have separate protections under the Public Sector Act 2009.
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Not a genuine redundancy — if your role was genuinely made redundant and consultation obligations were followed, unfair dismissal usually won't succeed. Consider a general protections claim instead.
The Fair Work Commission has a free eligibility checker at fwc.gov.au — five minutes, and it tells you whether you can apply before you commit to lodging.
How to lodge — step by step
Go to fwc.gov.au and find Form F2
The Fair Work Commission's online lodgement portal is at fwc.gov.au. Search for "Form F2 unfair dismissal" or navigate to Applications → Unfair Dismissal. Online lodgement is fastest and creates a timestamped record of your submission.
Fill in Form F2
The form asks for your personal details, your employer's details, the date your dismissal took effect, your earnings, and a brief description of why you believe the dismissal was unfair.
Keep the description factual and concise at this stage — you don't need to argue your full case in the application form. You'll have more opportunity to do that at conciliation.
Pay the application fee — or apply for a waiver
The fee is $83.30 for 2025–26. If you hold a Health Care Card, Pension Concession Card, or are in genuine financial hardship, you can apply for a fee waiver on the same form. The waiver is commonly granted — don't let the fee stop you from applying.
Lodge before your deadline
Submit the form. You'll receive a confirmation with your application number. Keep this — it's your proof of lodgement. The timestamp on your submission is what matters for the 21-day rule, not when the Commission processes it.
Your employer is notified
The Fair Work Commission serves a copy of your application on your employer. They have an opportunity to respond. This is normal — don't be alarmed if they dispute your application. Most do as a formality.
Conciliation is scheduled
In most cases, the Commission will schedule a conciliation conference — usually within 4–6 weeks of lodgement. This is a free, confidential, without-prejudice discussion between you, your employer, and a Commission conciliator. Around 80% of unfair dismissal matters resolve at this stage without ever reaching a formal hearing.
What to prepare before conciliation
Once you've lodged, use the time before conciliation to gather your evidence. You don't need a formal brief — but you do need to be able to clearly explain what happened and why you believe it was unfair.
- ·Your employment contract and any applicable enterprise agreement or award
- ·Any written warnings, performance reviews, or disciplinary records
- ·The letter or email terminating your employment
- ·Any relevant communications with your employer — emails, texts, meeting notes
- ·A clear, factual account of what happened — written down, in order
- ·Your payslips for the last few months, to confirm your earnings
No — not to lodge, and not for conciliation. Many people represent themselves successfully at both stages. If the matter proceeds to a formal hearing, legal representation becomes more valuable.
Every state has a free community legal resource. The national starting point is Law Access — call 1300 366 424 for a referral to free legal help in your state or territory, including Legal Aid, community legal centres, and employment law clinics.
What if you've already missed the 21-day deadline?
You can apply to the Fair Work Commission for an extension of time — but the bar is high. The Commission considers factors including the reason for the delay, any action you took during the period, any prejudice to your employer, and the merits of your claim.
Reasons that generally don't succeed as grounds for an extension: not knowing about the deadline, being emotionally distressed, or waiting to see if you could resolve it informally.
Reasons that may succeed: serious illness or hospitalisation during the period, a genuine miscommunication about the date dismissal took effect, or exceptional circumstances outside your control.
If you've missed the deadline, get advice before applying for an extension. Law Access (1300 366 424) can connect you to free legal help in your state to assess whether your situation is likely to succeed.
Forced resignation — what you need to know first
If you resigned because your employer made conditions unbearable — sustained mistreatment, unjustified demotion, unilateral pay cuts — this may qualify as constructive dismissal under the Fair Work Act. The 21-day deadline still applies from the date your resignation took effect.
Constructive dismissal claims are harder to win than standard unfair dismissal. You must demonstrate that your employer's conduct left you with no reasonable alternative but to resign — not simply that conditions were difficult. If your situation involves a forced resignation, get legal advice before lodging. Law Access (1300 366 424) can point you to free help in your state.
The bottom line: The application itself is not complicated. Form F2 is straightforward, the fee is modest, and you don't need a lawyer to get it done. The only thing that truly closes the door is missing the deadline. If you've been dismissed and you think something was wrong — act now, understand later.
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