AUFAIR WORKUnfair Dismissal

Official form guide

Form F9B: Response to unfair dismissal (multiple)

Form F9B is the Fair Work Commission’s notification that the parties to an unlawful termination dispute agree to have the case resolved by consent arbitration. Use it after you receive an unlawful termination certificate and both sides consent to arbitration.

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Form Overview

Fair Work Commission Form F9B - Response to unfair dismissal (multiple)

Form F9B is the Fair Work Commission’s notification that the parties to an unlawful termination dispute agree to have the case resolved by consent arbitration. Use it after you receive an unlawful termination certificate and both sides consent to arbitration.

It captures the existence of an unlawful termination certificate, details of any legal representative, and the signed agreement of both applicant and employer to arbitration.

Risk Radar

Scan points
  • 1Missing the 14‑day filing deadline is the most common error.
  • 2Submitting after the 14‑day deadline
  • 3Leaving representative details blank when a lawyer or paid agent is involved
  • 4Failing to sign or date the applicant’s agreement section
  • 5Employer’s signature missing or using the wrong authority label

Plain English

If you and your former employer have decided to let the Fair Work Commission sort out an unfair dismissal through arbitration, you fill out this form. It records your agreement, any representative details, and signatures from both parties.

Submission Date

  • Filing date: The form must be lodged within 14 days of the day the Commission issues the unlawful termination certificate.
  • 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

  • Both parties have an unlawful termination certificate and want the dispute resolved by arbitration.
  • You are confirming consent to the Commission to handle the case via arbitration.
  • You need to provide any representative details (lawyer or paid agent) at the time of lodging.
  • Use this form instead of filing a standard unfair dismissal claim when both sides agree to arbitrate.
  • Electronic signatures are accepted if you type your name in the signature box.

Form selector

Use this form or another form?

Need to notify the Commission of a new lawyer or paid agent after lodging

Used to update representation details after this form is filed

✓ Verify you have already lodged Form F9B

Form F53

No certificate issued yet or parties do not agree to arbitration

The dispute will be dealt with by a hearing, not arbitration

✓ Confirm you have an unlawful termination certificate before using F9B

Not applicable – use the standard unfair dismissal application (e.g., Form F9A)

You want to raise a jurisdictional objection

Separate objection forms are required

✓ Check the Commission’s practice notes for objection procedures

Form F9B does not cover objections

Deadline or filing window

You have 14 days from the issuance of the unlawful termination certificate to lodge Form F9B. Late lodgement may mean the arbitration cannot be started.

Before you submit

  1. 1Have an unlawful termination certificate issued for the dispute.
  2. 2Both the applicant and the employer have agreed to arbitration.
  3. 3All representative details (name, firm, ABN, contact) are filled in if applicable.
  4. 4Signature fields are completed with either an electronic signature or typed name.
  5. 5Authority to sign is correctly indicated (Applicant, Representative, Employer, etc.).
  6. 6Date is entered next to each signature.
  7. 7Form is signed by both parties (or their authorised representatives).
  8. 8A copy of the completed form is retained for your records.
  9. 9Form is submitted to the Fair Work Commission via the preferred method (post or online portal).
  10. 10Check that any required supporting documents (e.g., certificate) are attached.

How to file this form

  1. 1Obtain the unlawful termination certificate for the dispute.
  2. 2Download the latest Form F9B (approved from 25 Sep 2025).
  3. 3Enter party details, certificate status, and any representative information.
  4. 4Complete the applicant’s and employer’s agreement sections, including signatures and authority to sign.
  5. 5Attach the certificate and any other required documents.
  6. 6Submit the form to the Fair Work Commission (mail or through the Commission’s online portal).
  7. 7Keep a signed copy for your records.

Known limitations

  1. 1Only for unlawful termination disputes where both parties consent to arbitration.
  2. 2Cannot be used if you still need to apply for a certificate or if the dispute is not covered by Part 6‑4 of the Fair Work Act.
  3. 3Does not replace the need for permission if a lawyer or paid agent wishes to appear at a conference or hearing, unless they fall under the exempt categories.
  4. 4The form does not capture support persons – they are not considered representatives.
  5. 5If representation changes after lodging, you must use Form F53.

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 F9B is approved for use from 25 September 2025 and is the current notification for parties agreeing to consent arbitration of an unlawful termination dispute.

What changed or needs a fresh check

  • Check the form version is the one approved from 25 Sep 2025.
  • Confirm the electronic signature instructions are present.
  • Verify the representation section includes lawyer/paid‑agent options.
  • Ensure the ‘Authority to sign’ guidance matches your role (Applicant, Representative, Employer, etc.).
  • Look for any updated contact details for the Commission on the last page.

Quick Facts

The applicant (the person who lodged the unfair dismissal claim) and the employer must complete and sign the form.
It captures the existence of an unlawful termination certificate, details of any legal representative, and the signed agreement of both applicant and employer to arbitration.
The form must be lodged within 14 days of the day the Commission issues the unlawful termination certificate.
Submit the completed form by email to [email protected], by post, or in‑person at the Fair Work Commission office in your state or territory.
Submitting on time and with correct details ensures the arbitration can proceed; late or incomplete forms may delay resolution or force the matter back to a hearing.
1. Check that a certificate of unlawful termination has been issued. 2. Fill in any representative details if you have a lawyer or paid agent. 3. Have the applicant sign and date the agreement section, indicating ‘Applicant’ as the authority. 4. Have the employer (or their representative) sign and date the employer agreement section. 5. Email, post, or deliver the form to the Commission within the 14‑day window and keep a copy for your records.

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Sources

  • SRCForm approved with effect from 25 September 2025confirmed on pages 1 and 3.
  • SRCPurpose: notification of agreement for consent arbitration of an unlawful termination disputepage 1.
  • SRCRepresentation rules: no permission needed to prepare/ lodge this form, but permission may be required for conference/hearingpages 2‑3.
  • SRCForm F53 is the correct form to notify the Commission of a lawyer/paid agent after lodgingpage 3.
  • SRCSignature instructions: electronic signature accepted; otherwise type namepage 7.
  • SRCRetain a copy of the form for your own recordspage 7.
  • SRCRepresentative details section layoutpage 5.
  • SRCAuthority to sign labels for applicant, representative, employerpage 7.

Common confusion points

Mistaking a support person for a legal representative – only lawyers/paid agents count as representatives.

Assuming a lawyer always needs permission to appear – exemption applies for union or employer‑organisation lawyers.

Leaving the ‘Authority to sign’ field blank or using the wrong label (e.g., ‘Employee’ instead of ‘Representative’).

Using a handwritten signature when an electronic signature is required by the form instructions.

Submitting the form without attaching the unlawful termination certificate.

Thinking Form F9B replaces the need for a separate arbitration agreement – the form itself is the agreement.

Failing to notify the Commission of a new representative after filing – requires Form F53.

Not retaining a copy of the completed form for personal records.

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