Form · Employment & Workplace Relations

General protections application involving dismissal (Fair Work Commission Form F8): completion guide

Link to the Commission's Form F8 and eligibility questions, with a guide to the 21-day limit, identifying the protection breached, prohibited reasons, the choice between F8 and F2, and the GenAI rules from 20 October 2026.

Kind
Form. A form to complete, or a guide to completing an official one.
Where it applies
Australia, Commonwealth
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
18 October 2026
Status
Maintained. Checked on 18 October 2026 against the official form at fwc.gov.au and the 4 authorities it cites, for Australia and Commonwealth.
Version
1
Source
Link to the official form. Licence: © Commonwealth of Australia (Fair Work Commission). Link only: use the current form from the Commission each time; do not copy or adapt it.

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.

When to use it

Use when acting for a person dismissed because of a prohibited reason under Part 3-1 of the Fair Work Act 2009 (for example a protected attribute, a workplace right, or industrial activity). For general protections claims not involving dismissal, use Form F8C.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may help map the facts to the possible protections and build the chronology for the lawyer; the lawyer decides which protection was breached and checks every statement in each application.

AI may

  • Build a chronology linking each protected attribute, workplace right or industrial activity to the adverse action, with sources
  • List the general protections the facts may engage, for the lawyer to decide
  • Calculate the 21-day deadline from the date the dismissal took effect, for the lawyer to diarise

AI must not

  • Must not decide the reason for dismissal or which protection was breached
  • 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 evidence of exceptional circumstances
  • The protection or protections breached stated; the application cannot be completed if the reason is unknown
  • Not underperformance or misconduct alone (not prohibited reasons); consider Form F2 instead
  • Redundancy claims: a prohibited reason in the selection identified
  • GenAI question answered and the checking statement included if GenAI was used

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Official form

Open the official form. Always use the current version from the issuer. Licence: © Commonwealth of Australia (Fair Work Commission). Link only: use the current form from the Commission each time; do not copy or adapt it..

Read the full text

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