--- title: "Unfair dismissal application (Fair Work Commission Form F2): eligibility, the 21-day limit and completion guide" url: "https://ailawframework.com/precedents/employment-and-workplace-relations/form-fwc-f2-unfair-dismissal-application" type: "precedent" site: "AI Law Framework" id: "a14-form-fwc-f2-unfair-dismissal-application" area_id: "A14" kind: "form" ai_level: "yellow" version: 1 task_ids: ["A14-T1-R3", "A14-B15-1", "A14-P20260916-3", "A14-B1-1", "A14-B6-2", "A14-B8-3", "A14-B6-5"] law_stated_as_at: "2026-10-18" --- # Unfair dismissal application (Fair Work Commission Form F2): eligibility, the 21-day limit and completion guide > Link to the Commission's Form F2 and eligibility questions, with a guide to the 21-day limit, who can apply, the minimum employment period, extensions in exceptional circumstances, and the GenAI rules that apply from… Canonical page: https://ailawframework.com/precedents/employment-and-workplace-relations/form-fwc-f2-unfair-dismissal-application Law stated as at: 2026-10-18 Site index for agents: https://ailawframework.com/llms.txt Link to the Commission's Form F2 and eligibility questions, with a guide to the 21-day limit, who can apply, the minimum employment period, extensions in exceptional circumstances, and the GenAI rules that apply from 20 October 2026. ## Key facts - Kind: Form. A form to complete, or a guide to completing an official one. - Practice area: [Employment & Workplace Relations](https://ailawframework.com/precedents/employment-and-workplace-relations.md) - Jurisdictions: Australia, Commonwealth - AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use. - Law stated as at: 2026-10-18 - Status: Maintained. Checked on 2026-10-18 against the official form at fwc.gov.au and the 4 authorities it cites, for Australia and Commonwealth. ## When to use it Use when acting for an employee who was dismissed (or demoted with a significant reduction in pay or duties) and claims the dismissal was harsh, unjust or unreasonable under the Fair Work Act 2009. ## Used for these tasks - [Draft the unfair-dismissal or equivalent tribunal application and response](https://ailawframework.com/practice/employment-and-workplace-relations/draft-the-unfair-dismissal-or-equivalent-tribunal-application-and-respon.md) - [Prepare an unfair dismissal application for filing in the Fair Work Commission](https://ailawframework.com/practice/employment-and-workplace-relations.md#A14-B15-1) - [Build a dismissal chronology and urgent filing check](https://ailawframework.com/practice/employment-and-workplace-relations/build-a-dismissal-chronology-and-urgent-filing-check.md) - [Prepare a Fair Work Commission application under the AI guidance note](https://ailawframework.com/practice/employment-and-workplace-relations/prepare-a-fair-work-commission-application-under-the-ai-guidance-note.md) - [Prepare FWC documents with the required AI disclosure](https://ailawframework.com/practice/employment-and-workplace-relations/prepare-fwc-documents-with-the-required-ai-disclosure.md) - [Prepare FWC application material with GenAI disclosure](https://ailawframework.com/practice/employment-and-workplace-relations.md#A14-B8-3) - [Review a self-represented worker's AI-assisted unfair dismissal application](https://ailawframework.com/practice/employment-and-workplace-relations/review-a-self-represented-worker-s-ai-assisted-unfair-dismissal-applicat.md) ## How AI may be used AI may help build the chronology and check eligibility facts and the form against the Commission's questions; the lawyer checks every statement in each application, and the Commission's GenAI disclosure and checking statement are made. **AI may:** - Build a dated chronology of the employment and dismissal from the client's documents, with a source for each entry - Check eligibility facts (employment type, how employment ended, length of service, employer size) against the Commission's questions and flag gaps - Calculate the 21-day deadline from the date the dismissal took effect, for the lawyer to diarise - Draft a first-cut description of why the dismissal was unfair from the lawyer's notes, for the lawyer to settle **AI must not:** - Must not decide whether the client was dismissed, is eligible, or has exceptional circumstances for a late application - Must not write a witness statement or declaration in the client's words - Must not cite a case that has not been checked and hyperlinked **The lawyer checks:** - Lodged within 21 days after the dismissal took effect, or clear reasons and evidence for exceptional circumstances - Eligibility: an employee (not a contractor or irregular casual), dismissed, and the minimum employment period served (6 months; 12 months for a small business employer) - Unfair dismissal is the right claim rather than general protections, decided before lodging - GenAI question in the form answered and the checking statement included if GenAI was used ## Authorities - [Fair Work Act 2009 (Cth) s 394 (application for unfair dismissal remedy)](https://www.legislation.gov.au/C2009A00028/latest/text) - [Fair Work Commission, Unfair dismissal – can you apply? (Form F2)](https://www.fwc.gov.au/job-loss-or-dismissal/unfair-dismissal/apply) - [Fair Work Commission, Using AI to help you with your case (requirements from 20 October 2026)](https://www.fwc.gov.au/genai) - [Fair Work Commission, Forms](https://www.fwc.gov.au/apply-or-lodge/forms) ## Official form [Official form](https://www.fwc.gov.au/job-loss-or-dismissal/unfair-dismissal/apply) ## Where this comes from The official form is published by fwc.gov.au; this page is a completion guide. Last checked on 2026-10-18. ## Full text and drafting notes The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/employment-and-workplace-relations/form-fwc-f2-unfair-dismissal-application and through the signed-in MCP connector https://ailawframework.com/mcp/firm. *Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*