Form F2, a fee, and twenty-one days

By Equipo Saplic Published on 12/08/2026 Updated on 12/08/2026

Plus the numbers that decide whether you can claim at all.

In this guide
  1. The form and the fee
  2. The deadline
  3. Who can claim
  4. The compensation cap
  5. Indexation
  6. The minimum employment period
  7. What the Commission considers
  8. For redundancies
  9. Remedies
  10. What to gather
  11. Separately

The Fair Work Commission handles unfair dismissal applications, and the process has specific requirements.

The form and the fee

Applications are made on Form F2 at the Fair Work Commission, with a lodgement fee.

The deadline

21 days from the dismissal taking effect. Extensions are possible but not guaranteed.

Who can claim

The high income threshold caps who can bring a claim where no modern award or enterprise agreement applies.

For dismissals on or after 1 July 2026, it is $190,100.

If an award or agreement covers you, the threshold does not exclude you regardless of earnings.

The compensation cap

$95,050 for dismissals on or after 1 July 2026, being half the threshold, or 26 weeks' pay if that is lower.

Indexation

The threshold and cap reset every 1 July. Notice periods and redundancy pay scales are fixed by the NES and do not change annually.

The minimum employment period

Unfair dismissal protection requires a qualifying period of employment, which differs between small business employers and others.

What the Commission considers

Whether the dismissal was harsh, unjust or unreasonable, taking account of the reason, whether it was notified to you, whether you had an opportunity to respond, and the size and resources of the employer.

For redundancies

The genuine redundancy test at section 389 applies: role genuinely no longer required, consultation obligations met, redeployment not reasonable.

All three must hold.

Remedies

Reinstatement first, with compensation where reinstatement is inappropriate.

What to gather

  • Your contract, and any award or agreement that applies
  • Payslips showing your base rate and full rate
  • Evidence of your start date
  • The dismissal letter and its stated reason
  • Records of any consultation or performance process
  • Evidence of vacancies that existed at the time

Separately

Underpayment issues go to the Fair Work Ombudsman, on 13 13 94 — a different process from an unfair dismissal claim.

Frequently asked questions

How do I make a claim?
On Form F2 at the Fair Work Commission, with a lodgement fee, within 21 days of the dismissal taking effect.
Can everyone claim?
The high income threshold of $190,100 caps claims where no award or agreement applies. If one covers you, the threshold does not exclude you.
What is the compensation cap?
Ninety-five thousand and fifty dollars for dismissals from 1 July 2026, or 26 weeks’ pay if lower. Both figures reset annually on 1 July.
What does the Commission consider?
Whether the dismissal was harsh, unjust or unreasonable — the reason, whether it was notified, whether you had an opportunity to respond, and the employer’s size and resources.
Is underpayment part of the same claim?
No. Underpayment issues go to the Fair Work Ombudsman on 13 13 94, which is a different process.

Sources

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