How an employer responds to a Fair Work Commission unfair dismissal application
When an employee lodges an unfair dismissal application with the Fair Work Commission, the employer has 7 calendar days to respond using Form F8C. The response addresses each ground of the application, the dismissal process, and any objections. Failing to respond risks an adverse outcome at conciliation or hearing.
The framework
Unfair dismissal is governed by Part 3-2 of the Fair Work Act 2009 (Cth). Employers respond using Form F8C. The FWC then schedules a conciliation conference.
The process
Note the response deadline
The Form F8C must be filed within 7 calendar days of receiving the Form F2. Diarise this immediately.
Identify any threshold objections
Check whether the employee was within the minimum employment period, under the high income threshold (if not award-covered), and whether the dismissal was a genuine redundancy.
Gather the dismissal documentation
Collect the employment contract, position description, performance reviews, warnings, termination letter, and any meeting notes.
Document the dismissal process
Document the steps taken before dismissal — performance management, warnings, opportunity to respond, support person offered, investigation findings.
Identify the valid reason for dismissal
Frame the reason for dismissal — capacity, conduct, redundancy. Each is treated differently under section 387 of the Fair Work Act.
Complete Form F8C
Fill in the response form addressing each ground of the application, any objections, and the procedural facts.
Lodge with the FWC
File the Form F8C through the FWC online portal within the 7-day deadline. Late responses can be allowed only in exceptional circumstances.
Prepare for conciliation
Identify settlement parameters and the employer's preferred outcome. Consider whether reinstatement is feasible (it rarely is in practice).
Attend the conciliation
Attend the telephone conciliation. Most matters resolve at this stage, often with a settlement payment in exchange for mutual release.
Proceed to hearing if no settlement
If conciliation does not resolve the matter, the FWC schedules a determinative hearing. The employer presents its evidence and submissions.
Forms and templates
Common mistakes
- Missing the 7-day response deadline
- Not raising threshold objections at the response stage
- Failing to document procedural fairness in the dismissal process
- Underestimating the value of the conciliation as a settlement opportunity
- Confusing unfair dismissal with general protections defences
Get this process right with Quillio
Quillio drafts Form F8C employer responses, identifies threshold objections, and surfaces current FWC authority on similar dismissals. See /practice-areas/employment-lawyers or start a free trial.
This guide is general information about responding to FWC unfair dismissal applications — not legal advice. Always obtain independent legal advice for specific matters.
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