Official form guide
Form F5: Notice of termination of an enterprise agreement
Form F5 is an Application for security for payment of costs in an unfair dismissal matter under the Fair Work Act 2009. Use it when you want the Fair Work Commission to order the other party to provide security for your legal costs.
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Form Overview
Fair Work Commission Form F5 - Notice of termination of an enterprise agreement
Form F5 is an Application for security for payment of costs in an unfair dismissal matter under the Fair Work Act 2009. Use it when you want the Fair Work Commission to order the other party to provide security for your legal costs.
Risk Radar
Scan points- 1Most people forget to serve the respondent a copy of the form.
- 2Leaving the representative section blank when you have one
- 3Providing an incorrect or incomplete address
- 4Missing the required signature or authority line
- 5Failing to serve the respondent before filing
Plain English
If you’re involved in an unfair dismissal case and need the other side to put money aside for your legal fees, you fill out this form. It tells the Commission who you are, who the other side is, and any representatives you have.
Submission Date
- Filing date: Submit the form when you need security for costs in an unfair dismissal case. Not confirmed in official source.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- When you want the Commission to order the other party to provide security for your legal costs.
- If you are involved in an unfair dismissal matter under the Fair Work Act 2009 and need cost protection.
- You do not need a lawyer or paid agent to use this form, but you can list one if you have one.
- Do not use this form for other types of applications, such as terminating an enterprise agreement.
- Use it only after you have served a copy of the application on the other party.
Form selector
Use this form or another form?
You want the Commission to order the other side to pay your legal costs after the case ends
Costs can be claimed only after a decision; security for costs is a different remedy
✓ Ensure you have a final decision and can itemise the costs you are claiming
You need to inform the Commission that a lawyer or paid agent will represent you at a hearing
Representation at hearings requires notice and possibly permission
✓ Confirm the representative is not an employee/bargaining rep and complete Form F53 before the hearing
Form F53 – Notice of representation
You are filing a new unfair dismissal claim and need to start the process
The claim must be lodged before any security for costs can be considered
✓ Gather details of the dismissal, employer information, and supporting evidence
Form F1 – Application for unfair dismissal (Not confirmed in official source)
You think security for costs should be ordered before the conciliation stage
The Commission generally waits until after conciliation to consider security for costs
✓ Wait until the conciliation process is complete, then lodge Form F5
None – security for costs is usually only after conciliation
Deadline or filing window
Not confirmed in official source.
Before you submit
- 1Legal name, trading name and ABN/ACN are filled in (page 4).
- 2Contact person details are entered.
- 3Representative details are provided if you have a lawyer, paid agent, union or employer association.
- 4Authority to sign field correctly identifies you as Applicant, employee or Representative.
- 5Signature is entered – type your name if filing electronically.
- 6Date is added next to the signature.
- 7Communication preference (email or post) is ticked.
- 8A copy of the form has been served to the other party (email, express or registered post).
- 9You have retained a personal copy of the completed form.
How to file this form
- 1Complete all required fields on the form (pages 4‑5).
- 2Add representative details if applicable.
- 3Enter the correct authority to sign and sign (type name if electronic).
- 4Choose how the Commission should communicate with you.
- 5Serve a copy to the other party using email, express post or registered post.
- 6Lodge the original form with the Fair Work Commission (email or post).
- 7Keep a copy for your own records.
Known limitations
- 1The Commission will not give legal advice about the form.
- 2You are not required to have a lawyer or paid agent, but representation must be notified via Form F53.
- 3Service of the form must follow Part 5 Chapter 1 Schedule 1 of the Fair Work Commission Rules 2024.
- 4The form only applies to security for payment of costs, not other orders.
- 5Personal information may be disclosed to other parties as part of the case file.
Field map
Compact field-by-field guide
Applicant
1 items
Full name (and representative, if any), postal address, email, and phone number of the person or organisation lodging the application.
Respondent
1 items
The exact legal name and ABN of the employer or other party the application is made against.
The Matter
2 items
Identify the kind of matter — for example, unfair dismissal, general protections, or an agreement application.
A clear description of what happened, relevant dates, and the outcome you are seeking.
Dates
1 items
Relevant dates such as the date of dismissal or the date the issue arose — these determine whether you are within time.
Supporting
1 items
Any documents that support your application, such as letters, contracts, or notices.
Declaration
1 items
Sign and date the form. Applications may also require a fee or an application for a fee waiver.
Almost done reviewing the fields?
Fillable formOpen in Editor->Form F5 is approved for use by the Fair Work Commission as of 17 September 2025 and remains the current form for applying for security for payment of costs.
What changed or needs a fresh check
- Confirm the form shows the approval date of 17 Sept 2025.
- Check whether you need to update representative details (if already on file).
- Verify the ‘Authority to sign’ field matches your role (Applicant, employee, or Representative).
- Ensure you have selected a communication preference (email or post).
- Read the privacy notice on page 3 for how your information will be used.
- Make sure you retain a copy of the completed form for your records.
Quick Facts
Downloads & source
Sources
- SRCForm approved with effect from 17 September 2025page 2.
- SRCService methods (email, express post, registered post)page 2.
- SRCRepresentation definition and requirement to lodge Form F53page 2‑3.
- SRCReference to Rule 13(2) of the Fair Work Commission Rules 2024page 2.
- SRCGlossary of terms (Applicant, Lawyer, Paid agent, Party)page 3.
- SRCDefinition of Service and reference to Part 5 Chapter 1 Schedule 1page 3.
- SRCFields for legal name, trading name, ABN/ACN, contact personpage 4.
- SRCQuestion about having a representativepage 5.
- SRCAuthority to sign instructionspage 8.
- SRCSignature instructions for electronic filingpage 9.
Common confusion points
Thinking a lawyer is required to sign – representation is optional.
Using the wrong form for a different type of application.
Forgetting to serve a copy of the form on the other party.
Leaving the ‘Authority to sign’ field blank or incorrect.
Not selecting a communication preference, leading to missed emails.
Assuming an electronic signature is automatically accepted without typing the name.
Overlooking the privacy notice and how information may be shared.
Submitting the form without retaining a personal copy.
Source transparency
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