How to lodge an adverse action (general protections) claim with the FWC
In Australia, you lodge a general protections claim involving dismissal with the Fair Work Commission (FWC) within 21 days of the dismissal under section 366 of the Fair Work Act 2009 (Cth). For non-dismissal claims, the time limit is 6 years. The claim alleges that adverse action was taken because of a workplace right, attribute, or activity.
The framework
General protections are governed by Part 3-1 (sections 340-378) of the Fair Work Act 2009 (Cth). Adverse action is defined in section 342, and the prohibited reasons (workplace rights, industrial activities, attributes) in sections 340-345.
The process
Identify the adverse action
Adverse action is defined in section 342 and includes dismissal, demotion, discrimination, refusal to employ, and altered position to the employee's prejudice. Identify exactly what action was taken and when.
Identify the workplace right or protected reason
Adverse action must be linked to a workplace right (section 341), industrial activity (section 346), or protected attribute (section 351) such as race, sex, age, disability, or family responsibilities.
Note the time limit
For dismissal claims, the time limit is 21 days from dismissal under section 366. For non-dismissal claims, the time limit is 6 years under section 544. Time can only be extended in exceptional circumstances.
Gather evidence
Collect emails, performance reviews, payslips, witness statements, and notes of conversations. Adverse action claims require evidence of both the action and the link to the protected reason.
Complete the FWC application form
Complete Form F8 (general protections involving dismissal) or Form F8C (not involving dismissal) on the FWC website. Provide details of the employer, dismissal/action, and the workplace right relied on.
Lodge with the FWC and pay fee
Lodge online at fwc.gov.au and pay the application fee (waivers available for hardship). Lodgement must be within the 21-day window for dismissal claims.
FWC notifies the employer
The FWC notifies the respondent (employer), who has 7 days to file a Form F8A response. The respondent's position will affect how the matter proceeds.
Conciliation conference
The FWC holds a confidential conciliation conference, usually by phone. Many adverse action claims resolve at conciliation. The reverse onus of proof under section 361 gives applicants leverage.
Certificate to proceed
If conciliation does not resolve the matter, the FWC issues a certificate (Form F8B) under section 368, allowing the applicant to commence court proceedings within 14 days.
Court proceedings
The applicant may commence proceedings in the Federal Circuit and Family Court of Australia (Division 2) or the Federal Court within 14 days of the certificate. Remedies include compensation, reinstatement, and pecuniary penalties.
Forms and templates
- Form F8 — General protections application involving dismissal
- Form F8C — General protections application not involving dismissal
Common mistakes
- Missing the 21-day dismissal time limit
- Confusing general protections with unfair dismissal
- Not identifying a workplace right or protected attribute
- Failing to engage in conciliation in good faith
- Missing the 14-day certificate-to-court window
Get this process right with Quillio
Quillio can help identify the relevant workplace right or protected attribute, draft the F8 application, and prepare a conciliation position paper. See /practice-areas/employment-law or start a free trial.
This guide is general information, not legal advice. General protections claims are technical and have strict time limits. Engage an employment lawyer or contact the Fair Work Ombudsman for guidance.
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