You've Lodged Your Fair Work Application. What Happens Next?
- Brian AJ Newman LLB
- 17 hours ago
- 5 min read
For many workers, lodging an application with the Fair Work Commission can feel like a major milestone.
After days or weeks of stress, gathering evidence, preparing forms, and deciding whether to pursue an Unfair Dismissal or General Protections claim, pressing the "submit" button often brings a sense of relief.
However, lodging your application is not the end of the process.
In reality, it is only the beginning.
One of the most common questions workers ask is:
"What happens now?"
Understanding the next steps can help reduce anxiety and allow you to prepare effectively for the process ahead.
Step 1: The Fair Work Commission Reviews Your Application
Once your application is lodged, the Fair Work Commission will conduct an initial administrative review.
This review is not a determination of whether you will win or lose.
Instead, the Commission will generally examine:
Whether the application appears complete;
Whether it has been lodged within the applicable time limit;
Whether the filing fee has been paid (if applicable);
Whether sufficient information has been provided to identify the parties and nature of the dispute.
If information is missing, the Commission may contact you and request further details.
This is one reason why accuracy during the application stage is important.
Step 2: The Employer Is Served With Your Application
Many applicants are surprised by how quickly this occurs.
Once accepted for processing, the Commission will generally provide the application to the employer.
This is known as service.
For the first time, the employer will have an opportunity to formally review your allegations.
At this point, it is not unusual for employers to contact their legal representatives, human resources advisors, industrial consultants, or external advocates.
Do not panic if you suddenly receive correspondence from a solicitor or workplace relations consultant.
This is common.
It does not necessarily indicate the strength or weakness of either party's case.
Step 3: The Employer Files a Response
After receiving the application, the employer will usually lodge a formal response.
This may be:
An F3 Employer Response to an Unfair Dismissal Application; or
An F8A Employer Response to a General Protections Application.
Many applicants experience a degree of shock when they first read the employer's response.
The employer may:
Dispute your version of events;
Deny allegations;
Raise new allegations;
Produce additional documents;
Challenge your credibility;
Assert procedural fairness was provided.
This is entirely normal.
Remember that the employer's response is not evidence simply because it has been written down.
It is their version of events.
At this stage, avoid reacting emotionally.
Instead, focus on preparing for the next step.
Step 4: Preparing for Conciliation
For most dismissal matters, the next significant event will be a conciliation conference.
Conciliation is designed to assist the parties to resolve the dispute without the need for further proceedings.
Importantly:
The conciliator does not decide who is right or wrong.
Their role is to facilitate discussions and assist the parties in exploring settlement options.
Before conciliation, you should:
Review Your Application
Read your application again.
Understand exactly what allegations you have made.
Be prepared to discuss them.
Review the Employer's Response
Identify:
What allegations are admitted;
What allegations are denied;
Areas of agreement;
Areas of dispute.
Organise Your Evidence
You do not need to present a complete trial brief.
However, you should have access to:
Your employment contract;
Termination letter;
Relevant emails;
Text messages;
Warning letters;
Medical evidence (if relevant);
Chronology of events.
Consider Settlement Objectives
Ask yourself:
What outcome am I actually seeking?
Possible outcomes include:
Compensation;
Reinstatement;
Statement of service;
Withdrawal of allegations;
Agreed resignation;
Confidential settlement;
Positive reference.
Knowing your objectives beforehand can significantly improve your negotiating position.
Step 5: The First Conciliation Conference
For many applicants, this is the most intimidating stage.
The reality is usually far less dramatic than people imagine.
Most conciliations occur by telephone or videoconference.
The conference generally begins with introductions.
The conciliator will explain:
Their role;
The process;
Confidentiality requirements;
The purpose of conciliation.
The parties are then usually invited to provide a brief overview of their position.
This is not a hearing.
You are not cross-examined.
Witnesses are generally not called.
Evidence is not formally tested.
Instead, the process is focused on identifying whether a negotiated resolution can be achieved.
What Should You Say During Conciliation?
One of the biggest mistakes applicants make is treating conciliation like a courtroom.
Conciliation is not the place for lengthy speeches.
It is not the place to read a 30-page submission.
It is not the place to argue every factual dispute.
The most effective participants are often those who can clearly explain:
What happened;
Why they believe they were treated unfairly;
What outcome they seek.
Clear communication is usually more persuasive than emotional argument.
Settlement Discussions
Most of the conference will involve private discussions between the conciliator and each party.
The conciliator may move back and forth between the parties discussing potential settlement options.
Offers may be made.
Counteroffers may be made.
Proposals may change several times.
This is entirely normal.
Settlement negotiations are often dynamic.
Do not assume that an initial offer represents the employer's final position.
What If the Matter Settles?
If agreement is reached, the parties will usually formalise the settlement in writing.
Common settlement terms include:
Payment of compensation;
Confidentiality provisions;
Non-disparagement clauses;
Statement of service;
Withdrawal of proceedings.
Once signed, the matter is generally concluded.
What If the Matter Does Not Settle?
Not every matter resolves at conciliation.
If settlement cannot be achieved, the application generally continues.
The next steps may involve:
Directions from the Commission;
Filing witness statements;
Producing evidence;
Preparing submissions;
Formal conferences or hearings.
At that point, the matter moves beyond settlement discussions and towards determination by a Member of the Fair Work Commission.
Remain Professional Throughout the Process
Regardless of how frustrated you may feel, professionalism matters.
Do not:
Send abusive emails;
Attack the employer online;
Contact witnesses inappropriately;
Make threats;
Publish confidential information.
Conduct during proceedings can affect perceptions of credibility and reasonableness.
The strongest applicants are often those who remain measured, organised, and focused on the facts.
Final Thoughts
The period after lodging an application can feel uncertain.
However, understanding the process helps remove much of the anxiety.
Remember:
The employer will receive your application.
The employer will respond.
A conciliation conference will usually be scheduled.
Settlement discussions will occur.
If settlement is not reached, the matter may proceed further.
Most importantly, stay organised, stay professional, and remain focused on the outcome you are seeking rather than the emotions surrounding the dismissal.
Coming Next
In our next article, we will examine settlement negotiations in greater detail, including how compensation is assessed, what influences settlement values, common settlement terms, and the mistakes applicants make that can undermine their negotiating position during Fair Work Commission proceedings.
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