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NSW · Employment Law

How to lodge an unfair dismissal claim in NSW

In short

Unfair dismissal claims in NSW are lodged with the Fair Work Commission (federal jurisdiction), not a NSW state body. The application is the Form F2, must be lodged within 21 days of dismissal, and requires the employee to meet the minimum employment period and high income threshold criteria. The FWC schedules a conciliation usually within 8-10 weeks.

Who: Any NSW employee who has been dismissed and believes the dismissal was harsh, unjust, or unreasonable. Most national system employees are covered. Employees of NSW state government bodies may be subject to a different framework.
Where: Fair Work Commission. NSW employees lodge with the FWC under federal jurisdiction — there is no separate NSW state unfair dismissal process for most employees.
Time: Filing within 21 days of dismissal is mandatory. Conciliation typically 8-10 weeks after filing. Final hearing (if no settlement) typically 6-12 months after filing.
Fees: Standard FWC application fee applies (as at April 2026). Fee waiver available for concession card holders.
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Legal basis

The framework

Unfair dismissal is governed by Part 3-2 of the Fair Work Act 2009 (Cth). The application is made under section 394, and the considerations the FWC applies are set out in section 387.

10 steps

The process

1

Confirm the dismissal date

Identify the exact date of dismissal — this starts the 21-day clock.

You
2

Check eligibility

Confirm minimum employment period (6 months / 12 months for small business) and that earnings are below the high income threshold if not award-covered.

You
3

Gather evidence

Employment contract, position description, performance reviews, warning letters, termination letter, and any meeting notes.

You
4

Complete Form F2

Fill in the Application for Unfair Dismissal Remedy with employer details, dismissal date, grounds, and remedy sought.

You
5

Pay the fee or apply for waiver

Pay the FWC application fee, or apply for a fee waiver if you hold a concession card or are otherwise unable to pay.

You
6

File via the FWC online portal

Submit the Form F2 and supporting documents through the Fair Work Commission online lodgement portal.

You
7

Receive notification of conciliation

The FWC schedules a telephone conciliation usually within 8-10 weeks of filing.

The FWC
8

Prepare for conciliation

Identify your settlement parameters and prepare a statement of the dismissal facts. Most matters resolve at conciliation.

You
9

Attend the conciliation

Attend the telephone conciliation. The conciliator helps the parties explore settlement.

You
10

Proceed to hearing if no settlement

If conciliation does not resolve the matter, the FWC schedules a determinative hearing.

The FWC
Forms required

Forms and templates

Avoid these mistakes

Common mistakes

  • Missing the 21-day filing deadline
  • Confusing unfair dismissal with general protections claims
  • Filing without meeting the minimum employment period
  • Not addressing each section 387 consideration in the grounds
  • Failing to attend the conciliation
Use with Quillio

Get this process right with Quillio

Quillio drafts Form F2 applications, researches current FWC authority on similar dismissals, and helps you prepare for conciliation. See /practice-areas/employment-lawyers or start a free trial.

This guide is general information about the process — not legal advice. Always consider obtaining independent legal advice for your specific circumstances.

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