Court document · Employment & Workplace Relations
Employer response to an unfair dismissal application (Form F3): completion guide and jurisdictional-objection checklist
Guide to completing the Fair Work Commission's Form F3 within 7 days, testing every jurisdictional objection first, answering the s 387 merits, and meeting the Commission's generative AI disclosure rules that apply from 20 October 2026.
- Kind
- Court document. A document filed or served in a court or tribunal.
- Where it applies
- Australia
- AI use
- Yellow AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at
- 17 October 2026
- Status
- Maintained. Checked on 17 October 2026 against the official form at fwc.gov.au and the 7 authorities it cites, for Australia.
- Version
- 1
- Source
- Link to the official form. Licence: Commonwealth of Australia (Fair Work Commission): official form and guidance, link only
Where this comes from
The official form is published by fwc.gov.au; this page is a completion guide. Last checked on 2026-10-17.
When to use it
Use when an employer client receives a Form F2 unfair dismissal application. Lodge on the current official form only. For general protections dismissal disputes use the Form F8A response and the general protections memo instead.
How AI may be used
AI can build a source-referenced chronology from the personnel file and a first draft of the narrative, but every fact must be checked against documents, the response must disclose any generative AI use from 20 October 2026, and witness evidence must be in the witness's own words.
AI may
- Extract a dated chronology from the termination letter, warnings, emails and payroll records, with a document reference on every entry.
- Map the chronology against each s 387 criterion and list facts that have no source document.
- Prepare the hyperlinked case list once the lawyer has chosen the authorities.
AI must not
- Must not draft the content of a manager's witness statement or declaration: it must be the witness's own knowledge and words.
- Must not put the applicant's personnel file, medical certificates or conciliation material into public generative AI (the Guidance Note says not to).
- Must not be used to check its own citations or facts: the Guidance Note requires checking by a person against reliable sources.
The lawyer checks
- Each jurisdictional objection is supported by evidence (headcount, earnings, dates, consultation records).
- The response states whether generative AI was used and how, and that the document has been checked, using the form's GenAI section if it has one.
- Every case cited exists, says what it is cited for, and is hyperlinked.
- The form is served on the applicant and representative, and service is recorded.
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Official form
Open the official form. Always use the current version from the issuer. Licence: Commonwealth of Australia (Fair Work Commission): official form and guidance, link only.
Read the full text
The full text is for signed-in accounts. It is free. When you sign in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
More in Employment & Workplace Relations
- Employment contract (award-covered and award-free variants)
- Fair Work Information Statement, Casual Employment and Fixed Term Contract Information Statements: when and how to give them
- Workplace generative AI acceptable use policy
- Notice to employees of computer and AI-enabled workplace monitoring (NSW and ACT, with Victorian notes)
- WHS risk assessment for AI-driven work allocation and monitoring (psychosocial hazards)
All precedents for Employment & Workplace Relations · Tasks and AI use in this area