How to lodge a general protections claim with the Fair Work Commission
General protections claims are lodged with the Fair Work Commission under Part 3-1 of the Fair Work Act 2009. The application is the Form F8, must be lodged within 21 days of dismissal (for dismissal-based claims), and addresses adverse action because of a workplace right or other protected attribute.
The framework
General protections are governed by Part 3-1 of the Fair Work Act 2009 (Cth). The application is made under section 365 (dismissal-based) or section 372 (non-dismissal). The reverse onus of proof in section 361 is significant.
The process
Confirm the claim type
Identify whether the claim is dismissal-based (s 365) or non-dismissal (s 372). The procedure differs significantly.
Identify the workplace right or protected attribute
Specify the workplace right exercised (complaint, inquiry, etc.) or protected attribute (race, sex, etc.) on which the claim is based.
Identify the adverse action
Specify what the employer did — dismissal, demotion, disadvantage, threat. Adverse action is broadly defined under section 342.
Establish causation
Identify the connection between the workplace right / attribute and the adverse action. Note the reverse onus — once the employee identifies the connection, the employer must prove it was not the reason.
Check the time limit
For dismissal-based claims, lodge within 21 days of dismissal. Non-dismissal claims have a 6-year limitation period.
Complete the Form F8
Fill in the application form with all required details, the grounds, and the remedy sought.
Pay the fee or apply for waiver
Pay the FWC application fee or apply for a fee waiver if eligible.
Lodge with the FWC
Lodge the Form F8 through the FWC online portal.
Attend the conference
For dismissal-based claims, the FWC schedules a conference. Most matters resolve at this stage.
Proceed to court if not resolved
If the dispute is not resolved at the FWC conference, dismissal-based matters proceed to the Federal Circuit and Family Court of Australia for determination.
Forms and templates
Common mistakes
- Confusing general protections with unfair dismissal — different frameworks and remedies
- Missing the 21-day filing deadline for dismissal-based claims
- Failing to identify a specific workplace right or protected attribute
- Not establishing causation clearly
- Underestimating the strength of the reverse onus
Get this process right with Quillio
Quillio drafts general protections applications under the Fair Work Act, helps frame the workplace right and adverse action, and researches recent FWC and Federal Court authority. See /practice-areas/employment-lawyers or start a free trial.
This guide is general information about general protections claims — not legal advice. Always obtain independent legal advice for specific matters.
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