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Victoria · Employment Law

How to lodge an unfair dismissal claim in Victoria

In short

Unfair dismissal in Victoria is dealt with by the Fair Work Commission under the Fair Work Act 2009 (Cth) — the same national system used across Australia. An eligible employee must lodge Form F2 within 21 days of dismissal taking effect. The matter is listed for conciliation and, if not resolved, may proceed to arbitration.

Who: Employees in Victoria covered by the national workplace relations system (most employees other than some state public sector workers) who believe their dismissal was harsh, unjust, or unreasonable.
Where: Fair Work Commission — online lodgement. The Melbourne office is at 11 Exhibition Street, Melbourne.
Time: Conciliation is usually held within 4-6 weeks of lodgement. Arbitration, if needed, is typically 2-4 months after conciliation.
Fees: Fair Work Commission application fee applies (indexed annually). Fee waiver available for serious financial hardship under the Fair Work Regulations 2009.
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Legal basis

The framework

Fair Work Act 2009 (Cth), Part 3-2. Eligibility in ss 382-384 (minimum employment period, high income threshold). Criteria for unfair dismissal in s 385. Remedies in ss 390-392. 21-day time limit in s 394(2).

10 steps

The process

1

Confirm eligibility

Check the minimum employment period (6 months, or 12 months for a small business employer) and whether the high income threshold applies (unless covered by an award or enterprise agreement).

Applicant
2

Calculate the 21-day deadline

The application must be lodged within 21 days after the dismissal took effect (s 394(2)). Extensions are granted only in exceptional circumstances.

Applicant
3

Gather supporting documents

Collect the termination letter, employment contract, pay slips, performance reviews, warnings, and any correspondence about the dismissal.

Applicant
4

Complete Form F2 — Application for Unfair Dismissal Remedy

Describe the dismissal, the reasons given, why you say it was unfair, and the remedy sought (reinstatement, compensation, or both).

Applicant
5

Lodge the application online

Submit Form F2 through the Fair Work Commission online lodgement portal and pay the application fee. Fee waiver is available for financial hardship.

Applicant
6

Receive the employer's response

The employer must file Form F3 — Employer Response. Read this carefully in preparation for conciliation.

Employer
7

Attend conciliation

Conciliation is confidential, usually by phone, and conducted by a Fair Work Commission conciliator. Most matters resolve here by settlement.

Parties / conciliator
8

Prepare for arbitration (if unresolved)

If conciliation fails, the matter is listed for arbitration before a Commissioner. File witness statements and submissions as directed.

Applicant
9

Attend the hearing

Present evidence and submissions. The Commission applies the criteria in s 387 — including valid reason, notification, procedural fairness, and size of employer.

Parties / Commissioner
10

Receive the decision and enforce remedies

The Commission can order reinstatement, compensation (capped under s 392), or dismiss the application. Compensation is enforceable in the Federal Circuit and Family Court.

Fair Work Commission
Forms required

Forms and templates

Avoid these mistakes

Common mistakes

  • Missing the 21-day deadline
  • Forgetting that small business employees need 12 months service
  • Confusing unfair dismissal with general protections (a separate claim path)
  • Not bringing documents to conciliation
  • Overestimating the compensation cap — it is limited under s 392
Use with Quillio

Get this process right with Quillio

Quillio prepares Form F2 applications, conciliation position statements, and witness statements aligned with Part 3-2 of the Fair Work Act 2009 (Cth). See /practice-areas/employment-lawyers.

General information only — not legal advice. The 21-day deadline is strict; contact an employment lawyer immediately after dismissal.

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