AUFAIR WORKEnterprise Agreements

Official form guide

Form F3: Employee declaration in support of application

Form F3 – Employee declaration in support of application – is the Fair Work Commission’s response form that an employer (the Respondent) completes after receiving an unfair dismissal application (Form F2). Use it to lodge any objections and provide the employer’s details.

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Form Overview

Fair Work Commission Form F3 - Employee declaration in support of application

Form F3 – Employee declaration in support of application – is the Fair Work Commission’s response form that an employer (the Respondent) completes after receiving an unfair dismissal application (Form F2). Use it to lodge any objections and provide the employer’s details.

It captures the employer’s legal name, ACN/ABN, contact details, any objection under s.396, jurisdictional objections, and details of any lawyer or paid agent representing the employer.

Risk Radar

Scan points
  • 1Missing the 7‑day deadline is the most common error.
  • 2Submitting after the 7‑day window
  • 3Failing to serve a copy to the applicant
  • 4Leaving question 2 blank or not stating objections
  • 5Providing incorrect contact details

Plain English

If you’ve been served with an unfair dismissal claim, you need to fill out this short form to tell the Commission whether you object to the claim and to give your contact details. It’s a basic paperwork step before any hearing.

Submission Date

  • Filing date: The form must be lodged within 7 days of being served with the applicant’s Form F2.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

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What this form is for

  • Use when you have received an unfair dismissal application (Form F2) and need to respond as the employer.
  • Use to lodge any objection to the application under s.396 of the Fair Work Act 2009 and any jurisdictional objection.
  • Use to provide the employer’s details, reasons for dismissal and response to the applicant’s contentions.
  • Use to notify the Commission of a lawyer or paid agent representing you at this stage.
  • Use instead of Form F53 unless you need to change representation after filing.

Form selector

Use this form or another form?

Need to change or add a lawyer/paid agent after filing

Updates representation details after the initial response

✓ Confirm you have already lodged Form F3

Form F53

Applying for unfair dismissal yourself

Starts the unfair dismissal process

✓ Use before any response is required

Form F2

Requesting a hearing conference permission for a lawyer

Seeks Commission permission for representation at a hearing

✓ Ensure you have already lodged Form F3

Form F53

Deadline or filing window

The response must be lodged and a copy served to the applicant within 7 days of receiving the Form F2 application.

Before you submit

  1. 1Complete employer details (legal name, ACN/ABN, contact information).
  2. 2List numbered reasons for dismissal and attach any dismissal letter or separation certificate.
  3. 3Provide a numbered response to each of the applicant’s contentions.
  4. 4Include any objection under s.396 and any jurisdictional objection at question 2.
  5. 5State whether a lawyer or paid agent is representing you and give their details.
  6. 6Sign the form (type name if filing electronically).
  7. 7Attach all supporting documents referenced in the form.
  8. 8Email to [email protected] or post/in‑person to the state/territory office.
  9. 9Serve a copy of the entire submission to the applicant within 7 days.
  10. 10Send to the email or postal address listed in the applicant’s Form F2.

How to file this form

  1. 1Gather employer details, dismissal documents and the applicant’s Form F2.
  2. 2Fill in all sections of Form F3, including objections and representation info.
  3. 3Attach the dismissal letter, separation certificate and any other evidence.
  4. 4Email the completed form and attachments to [email protected] or post/in‑person to the Commission office.
  5. 5Copy the applicant on the email or send the same documents by post within 7 days.
  6. 6Keep a copy of the lodged form and proof of service for your records.

Known limitations

  1. 1Commission staff cannot give legal advice; they only provide procedural information.
  2. 2The form is only for employer responses to unfair dismissal applications, not for other disputes.
  3. 3Objections must be included at question 2; separate forms are required for later representation changes.
  4. 4The form must be lodged within 7 days of the employer being served with Form F2.
  5. 5Electronic filing without an e‑signature requires typing your name in the signature field.

Field map

Compact field-by-field guide

7 fields

Applicant

1 items

Applicant Name and Contact

Full name (and representative, if any), postal address, email, and phone number of the person or organisation lodging the application.

Requiredtext

Respondent

1 items

Respondent / Employer Details

The exact legal name and ABN of the employer or other party the application is made against.

Requiredtext

The Matter

2 items

Type of Application

Identify the kind of matter — for example, unfair dismissal, general protections, or an agreement application.

Requiredselect
Details of the Dispute

A clear description of what happened, relevant dates, and the outcome you are seeking.

Requiredtext

Dates

1 items

Key Dates

Relevant dates such as the date of dismissal or the date the issue arose — these determine whether you are within time.

Requireddate

Supporting

1 items

Attachments

Any documents that support your application, such as letters, contracts, or notices.

text

Declaration

1 items

Signature and Date

Sign and date the form. Applications may also require a fee or an application for a fee waiver.

Requiredsignature
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Current form status
FAIR_WORK

Form F3 is approved for use from 17 September 2025 and remains the current employer response form for unfair dismissal applications.

What changed or needs a fresh check

  • Check the form shows the approval date of 17 September 2025.
  • Verify the icon indicating help text is present throughout the form.
  • Confirm the privacy notice reference is included on page 4.
  • Review the representation rules summary on page 3 for any updates.
  • Ensure the signature field instructions match the current electronic filing guidance.

Quick Facts

The employer (or the employer’s authorised representative) who received the unfair dismissal application must file this form.
It captures the employer’s legal name, ACN/ABN, contact details, any objection under s.396, jurisdictional objections, and details of any lawyer or paid agent representing the employer.
The form must be lodged within 7 days of being served with the applicant’s Form F2.
You can email it to [email protected], post it, or deliver it in person to the Fair Work Commission office in your state or territory.
Submitting on time and with the correct details ensures the Commission can consider your objections; late or incomplete responses can delay the case or weaken your position.
1. Fill in the employer’s name, ACN/ABN, address, phone and email. 2. Answer question 2 with any s.396 or jurisdictional objection. 3. Add details of any lawyer or paid agent if you have one. 4. Sign (or type your name if filing electronically) and date the form. 5. Email, post, or hand‑deliver the form to the Commission. 6. Within 7 days, also serve a copy of the lodged form to the applicant by email, express post or registered post.

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Sources

  • SRCLodgement timeframe: within 7 days after employer was served with Form F2confirmed on page 2.
  • SRCEmail address for lodgement: [email protected]confirmed on page 2.
  • SRCObjection requirement under s.396 and jurisdictional objection at question 2confirmed on page 2.
  • SRCRequirement to serve a copy of all lodged documents to the applicant within 7 daysconfirmed on page 2.
  • SRCRepresentation rules and ability to notify representation using this formconfirmed on page 3.
  • SRCSignature instructions for electronic filingconfirmed on page 12.
  • SRCPrivacy notice reference on page 4confirmed on page 4.
  • SRCEmployer detail fields listed on page 5confirmed on page 5.

Common confusion points

Mixing up the 7‑day deadline for lodging the response with other deadlines.

Forgetting to serve a copy of the submission to the applicant.

Leaving question 2 blank and not listing objections under s.396.

Using the wrong email address or postal address for the Commission.

Not attaching the dismissal letter or separation certificate.

Assuming a lawyer can appear at a hearing without seeking permission first.

Signing the form incorrectly (e.g., leaving the signature field empty).

Submitting the form without checking the latest version date.

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