Apply for help with unlawful termination (Form F9)

If your employer has dismissed you for one or more unlawful reasons, you may be eligible to apply for unlawful termination. Check if you can use this form before you start. This is one of 3 types of dismissal-related applications, but you can only apply for one.

On this page:

Who can use this form
Before you start
Apply now
The application fee
What happens next
Rules and regulations for this form

Who can use this form

Only use this form if:

your employer dismissed you
you are a union with permission to represent the employee who was dismissed
you cannot apply under general protections (usually because you are not a national system employee)
you believe the dismissal was for one or more unlawful reasons in section 772 of the Fair Work Act 2009, such as age, disability, temporary absence from work because of illness, union membership.

Before you start

An application is the start of a legal process. When you lodge this form you will need to pay a fee.

Remember: you must apply within 21 days after your employment was terminated. It is important to get your application to us on time. You can apply even if you don't have all the information yet. You can send us more details and supporting documents after you have applied.

We can only extend the deadline for lodging an application in exceptional circumstances.

Have this information ready before you begin. You may need to give us details including:

the name and contact details of the person who should respond to this application (usually your employer)
the details of the employer you name in your application, including their ABN, which you may find on your payslip or at the Australian Business Register's ABN Lookup
the reason your employer gave for the termination
the reasons you believe your employment was ended
the outcome you want from this application
details of any claim you have made to any other organisation about this dispute, if applicable.

Answer every question and tell us briefly what happened. If you do not understand a question in the form you can Contact us.

We store your information in line with our Privacy policy.

Apply now

Submit your form by no later than 11:59 pm on the 21st day after your employment was terminated.

Lodge your form online. To get started click on Apply online, follow the prompts to log in or set up an account. Alternatively email your completed form to lodge@fwc.gov.au.

You can also post or deliver your documents to the Commission office near you. In some circumstances you can make an application over the phone.

Apply online Form F9 (doc) – Application to deal with an unlawful termination dispute Form F9 (pdf) – Application to deal with an unlawful termination dispute

The application fee

You need to pay a fee when you apply. The fee for 2024-25 is $87.20 and changes on 1 July each year.

If you apply:

online – you can either pay the lodgment fee or request to have it waived when you submit your online application
by email or post – we will contact you about payment. We cannot process your application until you pay the fee

You may not have to pay a fee if this would cause serious financial hardship. Apply for a waiver using Form F80.

What happens next

After we receive your application and payment, we will:

send a copy of your application and any supporting documents to your employer
tell the employer they must respond to the application within 7 days
organise a conference to help you and your employer discuss the issues.

Find out what happens in a conference.

Rules and regulations for this form

Fair Work Act 2009: Section 773

Fair Work Commission Rules 2024: Rule 71