How to lodge an unfair dismissal application
Lodging costs $92.70 for 2026-27, starts the legal process immediately, and gives the employer 7 days to respond.
The Fair Work Commission recommends applying online. Lodging an application costs $92.70 for 2026-27 under the Fair Work Commission's fee schedule, effective 1 July 2026, unless a hardship waiver applies. Lodging within 21 days of the dismissal taking effect is what starts the legal process; the Commission's own guidance is direct that "when we receive the application the legal process begins."
What happens immediately after you lodge
The Commission sends the employer, called the respondent, a copy of the application and any documents lodged with it. The employer is asked to respond within 7 days. If the employer wants to raise a jurisdictional objection, such as arguing the dismissal was a genuine redundancy or that the minimum employment period was not met, that objection is generally heard separately, usually after the conciliation stage rather than before it.
Before you lodge
The Commission's own process guide recommends checking eligibility first; the who-is-eligible article and its related guides walk through each condition. Gathering evidence before lodging, rather than after, is also worth doing given how quickly the timeline moves once a conciliation date is set, usually about 5 weeks after the application is received.