Home / Jurisdiction Guides / QLD
QLD · Employment Law

How to lodge an unfair dismissal claim in Queensland

In short

In Queensland, most private sector employees lodge unfair dismissal applications with the Fair Work Commission under the Fair Work Act 2009 (Cth). Queensland state government and local government employees instead use the Queensland Industrial Relations Commission (QIRC) under the Industrial Relations Act 2016 (Qld). Both systems require lodgement within 21 days of dismissal.

Who: Queensland employees who have been dismissed and believe the dismissal was harsh, unjust, or unreasonable. The applicable system depends on the employer — national system or Queensland state system.
Where: Fair Work Commission Brisbane (Central Plaza Two, 66 Eagle Street). Queensland Industrial Relations Commission, Brisbane.
Time: Conciliation within 4-6 weeks. Arbitrated hearings typically 2-4 months after conciliation.
Fees: Fair Work Commission fee applies (indexed annually). QIRC fees set by the Industrial Relations (Tribunals) Rules 2011 (Qld). Fee waivers available in both tribunals for financial hardship.
Get help with this process — free trial
Legal basis

The framework

Fair Work Act 2009 (Cth), Part 3-2, s 394 (21-day deadline) — national system. Industrial Relations Act 2016 (Qld), Chapter 8, Part 2 — Queensland state system employees (state government, local government, and some other entities).

10 steps

The process

1

Identify the correct jurisdiction

Private sector employees in Queensland are almost always in the national system (Fair Work Commission). State and local government employees go to the Queensland Industrial Relations Commission.

Applicant
2

Check eligibility

Minimum employment period (6 months, or 12 months for a small business employer). The high income threshold applies unless covered by an award or enterprise agreement.

Applicant
3

Note the 21-day deadline

Both the Fair Work Commission (s 394(2) Fair Work Act) and the QIRC (s 317 Industrial Relations Act 2016) require lodgement within 21 days after dismissal took effect.

Applicant
4

Collect supporting documents

Termination letter, employment contract, pay slips, warnings, and any communications about the dismissal.

Applicant
5

Complete the application

For the Fair Work Commission, Form F2. For the QIRC, Form 104 — Application for Reinstatement.

Applicant
6

Lodge and pay the fee

Lodge online via the relevant tribunal portal. Fair Work Commission fees are set under the Fair Work Regulations 2009. QIRC fees are set under the Industrial Relations (Tribunals) Rules 2011 (Qld).

Applicant
7

Receive the employer's response

The employer files a response form. Read it carefully ahead of conciliation.

Employer
8

Attend conciliation

Both tribunals conduct confidential conciliation by phone. Most matters resolve by settlement at this stage.

Parties
9

Prepare for arbitration

If unresolved, the matter proceeds to an arbitrated hearing. File witness statements and submissions within the directed timeframes.

Applicant
10

Receive the decision and enforce remedies

Remedies include reinstatement or compensation (capped). Orders are enforceable in the Federal Circuit and Family Court (Fair Work Commission) or the Queensland Industrial Court (QIRC).

Tribunal
Forms required

Forms and templates

Avoid these mistakes

Common mistakes

  • Lodging in the wrong tribunal (FWC vs QIRC)
  • Missing the 21-day deadline
  • Running an unfair dismissal claim when general protections would be more appropriate
  • Not preparing a loss statement for the compensation claim
  • Forgetting the high income threshold
Use with Quillio

Get this process right with Quillio

Quillio identifies the correct tribunal and prepares Form F2 or Form 104 along with conciliation statements and witness materials. See /practice-areas/employment-lawyers.

General information only — not legal advice. Deadlines are strict; obtain advice immediately after a dismissal.

Get this right the first time.

Quillio drafts the forms, checks against current requirements, and surfaces the relevant authority — all in one place. The free trial requires no credit card.

Start your free trial