AUFAIR WORKUnfair Dismissal

Official form guide

Form F9A: Response to unfair dismissal (employer)

Form F9A is the Fair Work Commission’s template for an employer to reply to an employee’s unlawful termination (unfair dismissal) application. Use it when you have been served with a Form F9 (the employee’s claim).

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Form Overview

Fair Work Commission Form F9A - Response to unfair dismissal (employer)

Form F9A is the Fair Work Commission’s template for an employer to reply to an employee’s unlawful termination (unfair dismissal) application. Use it when you have been served with a Form F9 (the employee’s claim).

It captures your response, communication preferences, any interpreter or special assistance needs, whether you have a legal or other representative, and your signature with authority to sign.

Risk Radar

Scan points
  • 1Missing the 7‑day deadline is the most common mistake.
  • 2Failing to lodge the form within the 7‑day window
  • 3Not sending a copy to the employee on time
  • 4Leaving the authority‑to‑sign field blank or using the wrong title
  • 5Omitting details about a representative or interpreter needs

Plain English

If an employee says you fired them for an illegal reason, the Commission will ask you to fill out Form F9A. It lets you give your side of the story, say who will talk for you, and tell the Commission how to contact you.

Submission Date

  • Filing date: You must lodge the form and serve a copy to the employee within 7 days of being served with the employee’s Form F9 application.
  • 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

Hover a term to preview the meaning.

What this form is for

  • You are the employer (Respondent) and have been served with a Form F9 application.
  • You need to reply within 7 days of the service date.
  • You are responding to an unlawful termination dispute.
  • You do not need a lawyer to prepare and lodge this form.
  • You must also serve a copy of the response to the employee (Applicant).

Form selector

Use this form or another form?

Employer wants to change legal representation after lodging

Notifies the Commission of a new lawyer or paid agent

✓ Confirm representation details before filing

Form F53

Employee wants to start an unfair dismissal claim

Initiates the dispute with the Commission

✓ Check that the claim meets eligibility

Form F9

Employer wishes to raise a jurisdictional objection

May require a different form or written objection

✓ Verify with Commission staff

Not confirmed in official source

Deadline or filing window

The response and the copy to the employee must both be lodged within 7 days of receiving the employee’s Form F9.

Before you submit

  1. 1Confirm the response is completed within 7 days of being served with Form F9.
  2. 2Include the correct authority to sign (Respondent, position title, or Representative).
  3. 3Provide a signature, name and date (type name if no electronic signature).
  4. 4Answer the consent question on page 9.
  5. 5Attach any supporting documents referenced in the response.
  6. 6Email the form to [email protected] or use post/in‑person as preferred.
  7. 7Serve a copy of the lodged form to the Applicant within 7 days.
  8. 8Retain a copy of the completed form for your records.
  9. 9Check that the Applicant’s email or postal address matches the details in Form F9.

How to file this form

  1. 1Gather your response and any supporting evidence.
  2. 2Complete the form, ensuring the authority to sign is correct.
  3. 3Choose a lodgment method: email, post or in‑person.
  4. 4Send the form to [email protected] (or post/in‑person to the state/territory office).
  5. 5Serve a copy to the Applicant by email, express post or registered post.
  6. 6Keep a copy for your own records.

Known limitations

  1. 1Commission staff cannot give legal advice.
  2. 2Representation by a lawyer at a hearing may need notice and permission.
  3. 3The form must be lodged and served within the 7‑day window.
  4. 4Only the listed lodgment methods are accepted.
  5. 5The form is only for employer responses to a Form F9 application.

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 F9A is approved from 25 September 2025 and is the current template for an employer’s response to an unfair dismissal claim.

What changed or needs a fresh check

  • Approved date added (25 Sep 2025).
  • Icon for help information appears throughout the form.
  • Email lodgment address ([email protected]) included.
  • Consent question for external research added on page 9.
  • Authority to sign instructions clarified for electronic filing.

Quick Facts

The employer (or the employer’s authorised representative) must complete and lodge this form.
It captures your response, communication preferences, any interpreter or special assistance needs, whether you have a legal or other representative, and your signature with authority to sign.
You must lodge the form and serve a copy to the employee within 7 days of being served with the employee’s Form F9 application.
Submit the form by email to [email protected], or by post or in‑person at the Fair Work Commission office in your state or territory. Then send a copy to the employee (or their lawyer) within the same 7‑day window.
Submitting on time and with all required details avoids the Commission dismissing your response, which could lead to an adverse decision.
1. Gather any supporting documents. 2. Fill out the form, noting email or post as your preferred contact method, any interpreter or hearing‑loop needs, and whether you have a representative. 3. Sign the form with your role (e.g., Respondent, Position title, or Representative). 4. Email the completed form to [email protected] (or post/ deliver it in person). 5. Within 7 days, email or post a copy to the employee using the address shown on their Form F9.

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Sources

  • SRCLodgment methods and 7‑day deadlineconfirmed in source page 2.
  • SRCService methods and 7‑day deadlineconfirmed in source page 2.
  • SRCCommission staff assistance scopeconfirmed in source page 2.
  • SRCRepresentation rules for lawyers and paid agentsconfirmed in source page 3.
  • SRCForm F53 use for post‑lodgment representation noticeconfirmed in source page 3.
  • SRCGlossary definitions of Applicant, Respondent, jurisdictional objectionconfirmed in source page 4.
  • SRCConsent question on page 9confirmed in source page 9.
  • SRCAuthority to sign instructionsconfirmed in source page 10.

Common confusion points

Assuming staff will provide legal advice.

Leaving the authority to sign field blank or incorrect.

Forgetting to serve a copy to the Applicant within 7 days.

Thinking the consent question is optional when it must be answered.

Believing a lawyer can appear at a hearing without notice.

Missing the email address for lodgment.

Not retaining a copy for records.

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Source transparency

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