Legal Project Management Plan & Checklist
Purpose of this Guide: Welcome to the comprehensive legal practitioner roadmap for managing an unfair dismissal application from the employee perspective. Designed explicitly for plaintiff employment lawyers, union advocates, and community legal representatives, this guide walks you through the step by step process under the Fair Work Act 2009 (Cth), as amended by the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 and (Closing Loopholes No. 2) Act 2024 (both fully commenced). Additional forms are accessible via the Australia Government Portal.
Jurisdiction: This guide applies to employment law disputes within Australia and proceedings before the Fair Work Commission (FWC).
Key Legislative Changes: The Closing Loopholes Acts introduced a new statutory definition of 'employee' at s 15A emphasising substance, practical reality, and true nature of the relationship over contractual labels. This affects who can bring an unfair dismissal claim. Employee-like worker protections commenced 26 August 2024 (unfair deactivation for digital platform workers). Right to Disconnect commenced 26 August 2024 (large employers) and 26 August 2025 (small employers). Criminalisation of intentional wage underpayments from 1 January 2025. Additional procedural resources can be found on the and the .
Key Case Law: TWU v Qantas Airways [2023] HCA 27 / [2025] FCA 971 ($90M penalty - largest ever; employers cannot take adverse action to prevent exercise of future workplace rights); Nulty v Blue Star Group [2011] FWAFB 975 (leading authority on 'exceptional circumstances' for out-of-time extensions); Pinawin v Domingo [2012] FWAFB 1359 (Small Business Fair Dismissal Code - reasonable grounds test); Genuine Redundancy [2025] HCA (employer must proactively assess redeployment, including adjusting workforce structures). Additional procedural resources can be found on the Australia Government Portal and the Federal Register of Legislation.
Current Thresholds (from 1 July 2025): High-income threshold: $183,100/year. Compensation cap: $91,550 (26 weeks' pay or half the threshold, whichever is lower). Filing fee: $87.20 (indexed annually). Additional procedural resources can be found on the Australia Government Portal and the Federal Register of Legislation.
Settlement Statistics (2024-2025): 78% of matters resolve at conciliation. Median settlement: $8,704. 50% finalised within 5 weeks. Over 16,500 claims lodged (nearly 50% increase since 2020-21). Additional procedural resources can be found on the Australia Government Portal and the Federal Register of Legislation.
The Process at a Glance: Applying for an unfair dismissal remedy requires strict adherence to statutory eligibility criteria and timelines. The initiating application (Form F2) must be filed within 21 calendar days from the date the dismissal took effect. The process moves through intake, Form F2 drafting, reviewing the employer response (Form F3), preparing for and attending the FWC Conciliation Conference, and proceeding to a contested hearing if unresolved. This guide details the exact qualifying periods, high-income threshold criteria, and notice calculations. Additional forms are accessible via the Australia Government Portal.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Employment Law: Unfair Dismissal (Applicant) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for L&E_LITIGATION cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Verify the minimum employment period, award coverage, and calculate the strict 21-day filing window.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
The high-income threshold is $183,100 per year from 1 July 2025. Employees covered by a modern award or enterprise agreement remain eligible for unfair dismissal regardless of income.
The Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth) and Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (Cth) introduced a new s 15A definition of 'employee' under the Fair Work Act 2009 (Cth) that emphasises the substance, practical reality, and true nature of the working relationship over contractual labels.
Anti-avoidance provisions make it unlawful for employers to knowingly misrepresent employees as casuals or to dismiss permanent employees and re-engage them as casuals to avoid obligations.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Under s 394(2) Fair Work Act 2009 (Cth), the Form F2 must be filed within 21 calendar days of dismissal taking effect. The FWC applies this deadline strictly. Simple ignorance of the deadline is not 'exceptional circumstances' and will rarely, if ever, excuse a late filing.
Draft the unfair dismissal application, outline the harshness criteria, and file with the FWC.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Review the employer's Form F3 response and analyse any jurisdictional objections.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
The FWC filing fee for an unfair dismissal application is $87.20 for 2025-2026, indexed annually on 1 July. Fee waiver (Form F2A) is available on demonstrated severe financial hardship.
Over 16,500 unfair dismissal claims were lodged in 2024-2025 - close to a 50% increase since 2020-21 - so processing times may be extended at peak periods.
The high-income threshold is $183,100 from 1 July 2025. Employees under a modern award or enterprise agreement remain eligible regardless of income.
Genuine Redundancy [2025] HCA confirmed that an employer must proactively assess whether redeployment is reasonably practicable, including by adjusting workforce structures such as reducing contractor usage. An employer cannot simply assert that a job is no longer required without genuinely exploring alternatives.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
The statutory compensation cap under s 392(5) Fair Work Act 2009 (Cth) is 26 weeks' pay or half the high-income threshold ($91,550 from 1 July 2025), whichever is lower.
Settlement statistics (2024-2025): approximately 78% of unfair dismissal matters settle at conciliation, with a median settlement of approximately $8,704.
Strategic election under s 725 Fair Work Act 2009 (Cth): an employee cannot pursue both unfair dismissal and general protections for the same dismissal. General protections offers unlimited compensation and a reverse onus of proof under s 361.