This website applies only to residents and the law of New South Wales, Australia.

3. THE FEDERAL SYSTEM (continued)

3.7 How to make a claim in the federal system?

Lodging the form and fee

The form can be lodged in person, by post, document exchange, fax or electronic lodgement via the AIRC website (www.airc.gov.au) in which case you must provide credit card details on the application, together with a filing fee of $51.40 (this amount may change from time to time so check with the AIRC Registry). The fee may be refunded if the matter is discontinued.

The Registrar may waive the filing fee if it will cause serious hardship. Application for waiver of the fee should be attached to Form R27. The AIRC has a fee waiver form on their website.

Once your application has been lodged, your claim will be recorded and given a file number. You should receive a letter confirming receipt of your application.

Notifying your employer

The AIRC will send a copy of your claim to your employer, together with forms for the employer to fill in and return to the AIRC. This is why it is important to give the correct contact details to avoid any delays in notifying your employer. Your employer will be asked to return a Notice of Employer's Appearance (Form R28) to the AIRC within seven days of receiving your application, and send a copy to you.

The AIRC will notify you and your employer in writing of the time, date and location of a conciliation conference, which both of you are required to attend. If for any reason you can't attend on that date you need to apply for an adjournment in writing providing full reasons. Adjournment applications will only be granted on substantial grounds. If you fail to attend a conciliation conference, your application may be dismissed.

Your employer may object to your application at any time on 'jurisdictional grounds' or if they think the application is frivolous, vexatious or lacking in substance. To do this, the employer must complete and lodge the correct form in the AIRC Registry and send a copy to you. This form will inform you about the issue/s the employer alleges prevent you from making a claim for unfair dismissal.

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