Employer Guide
Fair Work Unfair Dismissal Process Explained
A step-by-step overview of the unfair dismissal process at the Fair Work Commission, written for employers who need to understand what happens and when.
Stage 1
Application lodged by the employee
The process begins when an employee (or former employee) files a Form F2 — an unfair dismissal application — with the Fair Work Commission. The application must be lodged within the applicable Fair Work Commission filing timeframe. The employee outlines their claim and the remedy they are seeking.
Stage 2
Employer receives the application and must respond
The Fair Work Commission serves the application on the employer. The employer is then required to prepare and submit a formal response, within the applicable response timeframe. This response should include the reason for dismissal, employment details, a chronology of relevant events, and any supporting documentation. This is the stage where ARCEN Direct assists — organising the employer's response documentation into a structured format before the deadline.
Check if you need to respond →Stage 3
Conciliation conference
In most cases, the Fair Work Commission will schedule a conciliation conference. This is an informal, confidential process where a Commission staff member helps the parties explore whether the matter can be resolved without proceeding to a hearing. Both parties are expected to participate in good faith.
Stage 4
Formal hearing or conference
If the matter is not resolved at conciliation, either party may apply for the matter to proceed to a formal hearing or conference before a Commissioner. At this stage, both sides present their evidence and arguments. The Commissioner then makes a determination.
Stage 5
Decision and remedy
The Commissioner issues a decision. If the dismissal is found to be unfair, the Commission may order reinstatement or compensation. If the employer's response is well-documented, it forms the basis of their defence at this stage.
Key timeframes employers should know
| Timeframe | What happens |
|---|---|
| Response timeframe | Confirm the applicable employer response deadline immediately after service |
| Within weeks | Conciliation conference typically scheduled |
| Variable | If unresolved, formal hearing may be listed |
| Up to 6 months | Total process from application to determination (varies) |
Prepare your response before the deadline
ARCEN Direct organises your employer response documentation into a structured format. Fixed price $495 AUD.