Three weeks from the dismissal, and the clock does not pause

The unfair dismissal application is the main route for challenging a dismissal in Australia, and it runs on a short clock.

The 21-day deadline

You have 21 days from the dismissal taking effect to lodge an application with the Fair Work Commission.

The application is made on Form F2, with a lodgement fee.

The genuine redundancy test

Under section 389, a redundancy is only genuine if all three elements are satisfied:

1. The role is genuinely no longer required
2. Consultation obligations have been met
3. Redeployment was not reasonable

If any element fails, you may have an unfair dismissal claim — even where redundancy pay was correctly calculated and paid.

That distinction is important. Getting the money right does not cure a defective process.

The high income threshold

For dismissals on or after 1 July 2026, the unfair dismissal high income threshold is $190,100.

It caps who can bring a claim where no award or agreement applies. If a modern award or enterprise agreement covers you, the threshold does not exclude you.

The compensation cap

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

Indexed annually

The threshold and cap are indexed on 1 July each year. Notice periods and redundancy pay scales are fixed by the NES and do not change annually.

What the Commission can order

Reinstatement is the primary remedy, with compensation where reinstatement is inappropriate.

Sham redundancy

If your employer hires someone else to do your job, it is not a genuine redundancy. That is an unfair dismissal.

Who handles what

• Fair Work Commission — unfair dismissal, enterprise agreement approval
• Fair Work Ombudsman — underpayment investigations, on 13 13 94

Act immediately

Twenty-one days is short. Start the process before looking for another job, not after.