Official form guide
Form F89: Application for order about eligibility
This Australian government form (F89) is used to apply to the Fair Work Commission for an order about eligibility when you believe your employment was unfairly deactivated. It helps you seek a formal decision on whether you qualify for certain protections under workplace laws.
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Form Overview
Fair Work Commission Form F89 - Application for order about eligibility
This Australian government form (F89) is used to apply to the Fair Work Commission for an order about eligibility when you believe your employment was unfairly deactivated. It helps you seek a formal decision on whether you qualify for certain protections under workplace laws.
Risk Radar
Scan points- 1Forgetting to include proof that your employment was unfairly deactivated is a common mistake that can delay or block your application.
- 2forgetting to attach supporting evidence of unfair deactivation
- 3providing incomplete personal information
- 4submitting the form via mail instead of the online portal
- 5missing required sections (e.g., reasons for the claim)
Plain English
If you think your job was taken away unfairly and want the Fair Work Commission to officially decide if you're eligible for help, this form is what you need to use. It's like asking a court-like body to rule on your case.
Submission Date
- Filing date: Submit this form when you need the Fair Work Commission to make a decision on your eligibility related to an unfair deactivation incident. It's event-based—use it after experiencing or discovering an unfair deactivation.
- 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
- Use this form if you need a formal order from the Fair Work Commission about your eligibility after an unfair employment deactivation.
- Do not use it for general workplace disputes or other types of termination issues unless specifically directed by FWC guidance.
- Ensure your case involves a claim that your employment was unfairly deactivated—this form is tailored to seek relief under Part 3A-3 of the Fair Work Act.
Form selector
Use this form or another form?
Situations where you're unsure about eligibility
The FWC uses these laws to decide your application
✓ Check if you've documented why you believe your employment was unfairly deactivated
Review Fair Work Act sections (e.g., Part 3A-3)
Need to provide personal info for another party (like employer)
The FWC must follow privacy rules when handling others' data
✓ Confirm they agree to have their info shared with the Commission
Get their consent and share this privacy notice
Lodging supporting documents (emails, contracts)
Evidence helps the FWC understand your case
✓ Ensure all relevant evidence is included before submitting
Deadline or filing window
Not confirmed in official source
Before you submit
- 1Confirm you have proof of unfair employment deactivation and know the Fair Work Act requirements
- 2Gather all personal details for yourself and any other individuals involved in the application
- 3If providing information about others, get their consent to share data and provide them with this privacy notice
- 4Prepare and attach supporting documents (e.g., emails, contracts) that prove your case
- 5Check your contact information is correct so you can receive updates from the Fair Work Commission
- 6Review the privacy notice to understand how your personal information will be collected and used
- 7Ensure all sections of Form F89 are completed accurately before submission
- 8If providing additional material, send copies to all parties involved (or confirm they'll get them)
- 9Be aware that your name may appear in public lists or decisions—consider this before submitting
How to file this form
- 1Log in to your myGov account and access the Fair Work Commission online portal.
- 2Navigate to the 'Applications' section and select Form F89 from the list.
- 3Complete all required fields, including details about your employment and the unfair deactivation claim.
- 4Upload any supporting documents (e.g., emails, contracts) as instructed on the portal.
- 5Review the form one last time for accuracy before clicking "Submit".
Known limitations
- 1This form only applies to cases where your employment was unfairly deactivated—other types of workplace issues may require different forms or processes.
- 2The Fair Work Commission's decision is final unless you appeal through a separate process (not confirmed in official source).
- 3Information provided may be disclosed to other parties involved in the case, including overseas recipients if necessary.
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.
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Fillable formOpen in Editor->This is the latest version of Form F89 as of 26 February 2025. It remains valid for applications related to unfair deactivation remedies.
What changed or needs a fresh check
- Verify the published date on fwc.gov.au to confirm this is the latest version.
- Check for any updates or amendments to Form F89 since 26 February 2025 via the Fair Work Commission website.
- Confirm that all fields and instructions match the current form layout (no outdated sections).
Quick Facts
Downloads & source
Sources
- SRCPublished date: 26 February 2025 (from Form p.1)
- SRCAgency: Fair Work Commission (FAIR_WORK) (given)
- SRCForm number: F89 (given)
- SRCPrivacy contact email: [email protected] (p.1)
- SRCPurpose of form: Dealing with unfair deactivation remedy under Part 3A-3 of the Fair Work Act (FW Act) (p.1)
- SRCInformation collected includes personal data about you and others (p.1)
- SRCHearings are generally audio/video-recorded and may be transcribed (p.1/p.2)
Common confusion points
Forgetting to provide notice to individuals whose personal data you shared—this can lead to privacy complaints or delays in processing.
Mixing up this form with general eligibility claims for other benefits (e.g., redundancy pay)—ensure the issue is specifically about unfair deactivation.
Not attaching required supporting documents, which may cause your application to be returned for completion.
Assuming the Fair Work Commission will automatically contact you—be proactive in checking status via myGov.
Source transparency
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