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3. THE FEDERAL SYSTEM (continued)

3.7 How to make a claim in the Federal system

Claims for unfair dismissal, unlawful termination and failure to give notice are initially lodged with the Australian Industrial Relations Commission (AIRC).

A summary of the process for making a claim of unfair dismissal and /or unlawful termination and/or failure to give notice is explained here, with more detail below:

1. The employee completes and files an application for relief in respect of termination of employment with the AIRC (Form R27). A filing fee must be paid or an application to waive the filing fee on the basis of financial hardship should also be filed.
2. The AIRC will confirm in writing that they have received your application and will send a copy of your application to the employer.
3. The employer files an Employer's Notice of Appearance (7 day time limit).
4. At the same time, the employer may also notify the Commission that there is a jurisdictional issue or that your application is seen as frivolous, vexatious or lacking in substance (see this section for more details). If this happens with your claim you will be notified to attend the AIRC to have these preliminary issues dealt with.
5. The AIRC notifies the employee and employer of the time, date and location of a conciliation conference.
6. A conciliation conference is held.
7. If conciliation fails and the case is not settled, the claim can be heard in either the AIRC, the Federal Court, the Federal Magistrate's Court or a state court, depending on the kind of claim (see this section for more details).

Copies of forms and information about termination of employment claims can be found on the AIRC website.

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