Fair Work Series (3)
Our third installment in this series involves drafting and filing an application under The Act .
5. Drafting and Filing an application
Whether you are completing the form as the applicant or you have engaged the services of a legal professional it is important to complete the CORRECT application and ensure the information contained herein is true and correct.
There are three claims you can make in respect of dismissal:
- Unfair Dismissal
FORM 2 The Act s.394
- Adverse Action Involving Dismissal
FORM 8 The Act s.365
- Unlawful Termination
FORM 9 The Act s.772
You must ensure that you complete your details and details of your employer correctly as this will include important information such as the company information and trading name information as they can differ. If you have been terminated you will have most likely been issued with a letter of termination and this letter will include among other things the company and contact information for your employer and importantly the stated reason for dismissal.
Depending on the Application using Form 2, Form 8 or Form 9 it is paramount that you detail what remedy or action you are seeking from the Fair Work Commission.
Finally, and most importantly in as much detail as possible clearly articulate the issue or issues that led to your dismissal. Please try not to tell a story, rather provide a list of chronological events and include any supporting evidence if available.
I would recommend that you tell the story in a way that you would tell someone you do not know, using language that is clear, unambiguous and easy for the representatives from the Fair Work Commission to quickly read and understand the nature of your application as it relates to the facts.
Finally, you need to submit and pay the application Fee unless you are suffering financial hardship.
The current application fee for an application made to the Fair Work Commission is $73.20.
If you are currently experiencing financial hardship you can complete the application fee waiver form (FORM 80) and submit with your application form (Form 2, Form 8 or Form 9).
In the event that your application fee waiver is unsuccessful you will need to pay the applicable fee of $73.20 to The Fair Work Commission before your application can be considered.
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