🇦🇺FAIR WORKF8B

Unfair dismissal application (amended)

The F8B form is an application to the Fair Work Commission for unfair dismissal remedies. It should be used when an employee believes they have been unfairly dismissed from their employment.

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Form Overview

Unfair dismissal application (amended)

The F8B form is an application to the Fair Work Commission for unfair dismissal remedies. It should be used when an employee believes they have been unfairly dismissed from their employment.

The form captures personal details, employment history, reasons for dismissal, and desired outcomes. It requires information about the employer, the circumstances of dismissal, and what remedy you're seeking.

Risk Radar

Missing the 21-day deadline is the most common reason applications are rejected.
Missing the 21-day deadline
Incomplete form information
Insufficient evidence of employment
Incorrect employer details

Plain English

If you lost your job and think it wasn't fair, this form lets you ask the Fair Work Commission to look into it. The Commission will check if your dismissal was unfair and can help resolve the situation.

Submission Date

Applications must generally be lodged within 21 days of the date of dismissal. Late applications may be accepted only if you can show exceptional circumstances for the delay.
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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Quick Facts

Employees who believe they have been unfairly dismissed should file this form. Former employees must have completed a minimum employment period to be eligible.

Applications must generally be filed within 21 days of the dismissal date. Extensions may be granted in exceptional circumstances, but prompt filing is recommended.

The form can be submitted online through the Fair Work Commission's online portal. Paper copies can be mailed to the Fair Work Commission or submitted in person at their offices.

Incorrect or incomplete applications may be rejected or delayed, potentially affecting your case. Missing the deadline could result in losing your right to make an unfair dismissal claim.

Complete all sections of the form with accurate information about your employment and dismissal. Gather supporting documents like your employment contract, payslips, and correspondence with your employer. Submit the form through the Fair Work Commission's online portal or by mail to the appropriate address.

What this form is for

• Use this form if you believe you were dismissed without a valid reason
• Use this form if you believe you were dismissed harshly, unjustly, or unreasonably
• Use this form if you were dismissed without proper procedures
• Use this form if you were dismissed for a discriminatory reason
• Do not use this form for general workplace disputes or issues not related to dismissal

Use this form or another form?

Situation	Likely form	Why it matters	Check before you continue
General workplace dispute	F23 Application to Fair Work Commission	For workplace issues not related to dismissal	Check if your issue is dismissal-related
Bullying complaint	F72 Application for an order to stop bullying	For workplace bullying that continues after dismissal	Consider if bullying was the reason for dismissal
Adverse action complaint	F35 Application for an order	For employer actions like dismissal, discrimination, or coercion	Check if your claim fits adverse action definition
Enterprise bargaining dispute	F71 Application for a bargaining order	For disputes about enterprise agreements	Not related to individual unfair dismissal
General protections dismissal complaint	F55 Application for a Fair Work Commission order	For dismissal based on discrimination, family responsibilities, or other protected attributes	Check if dismissal reason fits general protections

Deadline or filing window

Applications must generally be lodged within 21 days of the date of dismissal. Late applications may be accepted only if you can show exceptional circumstances for the delay.

Before you submit

• Verify you meet the minimum employment period requirement
• Ensure you have the correct employer details
• Check that all personal information is accurate
• Confirm you have evidence of your employment
• Review the reasons for dismissal stated in the form
• Ensure you've clearly stated the remedy you're seeking
• Check that the form is completed in full
• Verify you're submitting within the 21-day deadline

How to file this form

1Obtain the latest F8B form from the Fair Work Commission website
2Complete all sections with accurate and detailed information
3Gather supporting documents and evidence
4Submit the completed form online through the Fair Work Commission portal or by mail
5Keep a copy of your application for your records
6Note the date of submission for reference
7Prepare for potential communication from the Fair Work Commission

Known limitations

• This form cannot be used for employees covered by modern awards or enterprise agreements with different dismissal procedures
• It doesn't cover casual employees unless they had a reasonable expectation of ongoing work
• The form doesn't apply to employees earning above the high income threshold
• It cannot be used for employees in the first 6 months of employment (with some exceptions)
• The form doesn't cover contractors or independent contractors

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Current Form Status

This is the amended version of the F8B form, updated to reflect recent changes to unfair dismissal legislation. Always check the Fair Work Commission website for the most current version before submitting.

Agency: Fair Work Commission