The filing fee for an unfair dismissal application is $92.70 from 1 July 2026. The Fair Work Commission (FWC) raised the application fee to $92.70 on that date, and the amount is indexed and changes each 1 July. That fee is the only charge the Commission itself puts on you. Everything else you spend, such as a lawyer, a paid agent or your own time, is a separate decision, and this guide walks through each of them so you can budget before the 21-day clock runs out.
TL;DR
- The FWC application fee for unfair dismissal (Form F2) is $92.70 for the 2026–27 financial year. It is indexed every 1 July.
- If paying would cause you serious financial hardship, you can ask for the fee to be waived by lodging a waiver form (Form F80) with your application.
- Each side generally pays its own legal costs, even if you win. Cost orders against the other party are rare.
- Compensation is capped at the lower of half your annual wage or $95,050 for 2026–27, and the median award is far lower than the cap.
- The fee is small next to the cost of missing the 21-day deadline, so do not delay lodging while you sort out money.
Table of Contents
- The unfair dismissal filing fee for 2026–27
- How to pay the fee when you lodge Form F2
- Can the fee be waived?
- Refunds if the matter settles or you withdraw
- The costs that are not the filing fee
- What the fee buys you: realistic compensation
- A budget you can use
- Our perspective: spend where it changes the outcome
- Get your paperwork ready before you pay anything
- Do not let the fee push you past the deadline
- FAQ
- Sources
The unfair dismissal filing fee for 2026–27
The FWC calls it the application fee, though it is also often referred to as a filing fee. An unfair dismissal application must come with payment of the prescribed fee, or with an application to waive it. In practice that means you lodge Form F2 and pay at the same time.
For the 2026–27 financial year the amount is $92.70. If you read an older article that says $87.20, $83.30 or $89.70, it is quoting an earlier year. Several pages that rank for this search still show old figures, so always check the date on whatever you read. The same increase applies to other applications under the Fair Work Act 2009 that carry a fee, including general protections applications that involve dismissal.
Two practical points:
- The fee is set by the date you lodge, not the date you were dismissed. If your dismissal was in June and you lodge in July, the new amount applies.
- The fee is paid to the Commission, not to us or to any lawyer. It does not buy advice, a lawyer or a guaranteed hearing. It simply lets the Commission open your matter.
How to pay the fee when you lodge Form F2
You lodge unfair dismissal applications on Form F2. The Commission says to use it only if you have been dismissed, you believe the dismissal was unfair, and you are eligible to apply. The fee is taken as part of lodging online, so there is no separate payment step to chase afterwards.
Before you pay, check three things, because a fee paid on an ineligible claim is a fee wasted:
- Timing. You generally have 21 days from the day your dismissal took effect. Our guide to filing an unfair dismissal claim within 21 days explains how to count them.
- Eligibility. Minimum employment period, coverage by the Fair Work system and the earnings threshold all matter. Work through our unfair dismissal eligibility check first.
- Whether you were actually dismissed. If you resigned under pressure, the question is whether it counts as a forced resignation. See our explainer on constructive dismissal in Australia.
If you are unsure on any of these, the safe approach is still to lodge inside the 21 days. The deadline is the part you cannot repair cheaply, while the fee is a modest, known amount.
Can the fee be waived?
Yes, for people in serious financial hardship. The Commission's fees and costs page says that if you are in serious hardship you can ask it to waive the fee, and you do that by submitting a waiver of application fee form (Form F80) with your Form F2.
Some practical advice on how to approach it:
- Lodge the waiver form and the application together. Do not hold the application back while waiting for the waiver decision, because the 21-day deadline keeps running.
- Be specific about your circumstances. Income lost since dismissal, rent or mortgage, dependants and debts are the sort of details that show hardship. Vague statements are harder to assess.
- Keep supporting documents such as bank statements or income-support letters ready in case the Commission asks for them.
If the waiver is refused, you will need to pay the fee. Planning for $92.70 as a worst case means you are never caught out.
Refunds if the matter settles or you withdraw
The fee is not always gone for good. According to the Commission's fees and costs page, you can get a refund if the case is settled or withdrawn, but only if you act before the Commission sets a date for a hearing or conciliation. If a date has already been set, you need to act at least 2 days before the earliest listed date. The same page notes that refunds of credit card payments can take up to 8 weeks.
This matters because many unfair dismissal matters resolve early. If your employer makes a reasonable offer soon after you lodge, the timing of your withdrawal can decide whether you get your $92.70 back. Tell the Commission as soon as an agreement is reached, rather than waiting until the week of conciliation.
The costs that are not the filing fee
The filing fee is small. The bigger numbers come from representation, and from what you may lose by not claiming properly.
You generally pay your own legal costs
Under section 611 of the Fair Work Act 2009, a person must bear their own costs in a matter before the Commission, unless the Commission orders otherwise. The Commission's own costs page confirms that people who incur legal costs generally pay their own.
The exceptions are narrow. Costs orders are rare and are linked to an application or response made vexatiously, without reasonable cause, or with no reasonable prospect of success. Do not plan on recovering lawyer fees from your employer. The same rule protects you: if you lose a genuine claim, you will not normally be ordered to pay the employer's legal bill.
Lawyers and paid agents
The Commission's advice on choosing a lawyer or paid agent is blunt: you generally pay your own lawyer or paid agent, even if you win. Before you sign anything, ask:
- Is the fee fixed or hourly, and does a fixed fee cover every stage, including conciliation and any hearing?
- If the arrangement is "no win, no fee", does it still require you to pay the FWC filing fee if you lose?
- How does the firm define a "win"? Some arrangements treat an early settlement offer as a win that triggers the fee, even if you wanted to hold out.
- What happens if you reject their recommended offer?
These are the questions people most often skip, and they are where unexpected bills come from. Several forum threads that rank for this topic show people confused on exactly these points.
Free and low-cost help
You do not have to pay for representation. Many people lodge and attend conciliation on their own, and the Commission is designed to be accessible to people without lawyers. Unions, community legal centres and legal aid services may also help eligible people. Check what each will cover and whether you meet its criteria.
Your time and income
Preparing a claim takes hours: finding the dismissal letter, pulling together emails, writing a timeline of events, and answering the employer's response. That time is a real cost, particularly when you are also job hunting. It is the part of the process we built our service to shorten.
What the fee buys you: realistic compensation
People sometimes ask whether $92.70 is worth risking. Look at the other side of the ledger honestly.
The Commission can order reinstatement or compensation. On compensation, it says the maximum it can order is the lower of half the employee's annual wage or the compensation cap, $95,050 for 2026–27, which changes on 1 July. The same page reports that the median compensation awarded is between 5 and 7 weeks' pay, and that fewer than 0.4% of applicants receive the maximum.
A simple worked example, using round numbers only to show the logic and not as a prediction: if someone earns $1,500 a week, 5 to 7 weeks' pay is $7,500 to $10,500 before tax. Against that, the filing fee is a small share. But if you then pay a lawyer thousands of dollars on an hourly basis, the maths changes quickly. That is why matching your spending to the likely outcome matters. Our guide to the $95,050 cap and unfair dismissal remedies goes through how the Commission reaches a figure.
Many matters also end in a settlement at conciliation, with an agreed payment, a reference or a change of the termination reason, rather than a hearing. Reinstatement is possible but less common than money.
A budget you can use
| Cost | Amount | Who pays | Notes |
|---|---|---|---|
| FWC application fee (Form F2) | $92.70 | You, when lodging | 2026–27; indexed each 1 July |
| Fee waiver (Form F80) | No fee to apply | You | Only for serious financial hardship |
| Your lawyer or paid agent | Varies by provider | You | Generally not recoverable, even if you win |
| Employer's legal costs | Varies | Employer | Rarely ordered against you |
| Refund of fee on settlement or withdrawal | Up to $92.70 | Commission refunds you | Act before dates are set, or 2 days before the earliest date; credit card refunds can take up to 8 weeks |
If you go it alone, your cash cost can be as low as the filing fee, or nothing if a waiver is granted.
Our perspective: spend where it changes the outcome
We built TerminationHelp because we kept seeing the same pattern. People worry about the $92.70 and then lose the claim on a detail that cost nothing to get right: a missed deadline, a form filled in for the wrong type of claim, or evidence scattered across three phones and an old email account.
Our view is that the fee is the least important cost in the process. What matters is that your application is in on time, that it is the right application, and that the story of what happened is clear and supported by documents. A claim that is well prepared can be run by you directly, or handed to a lawyer, union or community legal centre who can then spend their time giving advice rather than collecting paperwork. That can also keep a paid lawyer's hours down.
We are also direct about limits. We do not give legal advice and we do not predict outcomes. Our tool is built only around Australian legislation, Fair Work Commission procedures and relevant case law, and it helps you check eligibility, organise evidence and prepare the forms. If your matter is complicated, for example a disputed small business dismissal or a possible general protections claim, we encourage you to speak to a lawyer, union or community legal centre with the prepared packet in hand.
— Nicolas
Get your paperwork ready before you pay anything
If you are inside the 21 days, the most useful thing to do first is get organised. Our preparation support takes you through an eligibility check, helps you organise and upload your evidence, sets out your timeline, and generates the Fair Work forms you need for each stage, so you can file by yourself or take a structured packet to a lawyer, union or community legal centre. We do not publish a price for it on this page, so see the service page for the current details. You can also start from our home page.
If you are comparing Form F2 with another route, read our checklist on a general protections claim first, because the fee, forms and timing differ from case to case.
Do not let the fee push you past the deadline
The 21-day limit runs from the day the dismissal took effect, not from the day you finished thinking about it. If money is tight:
- Lodge Form F2 on time.
- Attach Form F80 if you are in serious hardship.
- Pay the fee if you can, and ask about a refund later if the matter settles early.
- Sort out representation after lodging, not before.
Our step-by-step guide to lodging Form F2 in 21 days covers the form section by section. If your employer was also meant to follow set steps before dismissing you, read about employer obligations when dismissing an employee, because it shapes what you argue.
FAQ
How much does it cost to file an unfair dismissal claim in Australia?
The FWC application fee is $92.70 for 2026–27. It is indexed and changes each 1 July. Any lawyer or paid agent fees are separate and generally come out of your own pocket.
Can I get the filing fee waived?
Yes, if paying would cause you serious financial hardship. You submit a waiver of application fee form (Form F80) with your Form F2. Lodge both together so the 21-day deadline is not at risk.
Will my employer have to pay my legal costs if I win?
Usually not. The Fair Work Act says each person bears their own costs, and the Commission orders otherwise only in rare cases, such as an application made vexatiously or without reasonable prospects. Budget as though your lawyer's fees are yours to pay.
Can I get my filing fee back?
Possibly, if the matter settles or you withdraw. You need to act before the Commission sets a hearing or conciliation date, or at least 2 days before the earliest listed date. Credit card refunds can take up to 8 weeks.
Is a no win, no fee lawyer really free to start with?
Not necessarily. Ask whether you still pay the filing fee if you lose, what the firm counts as a win, and whether the arrangement covers conciliation and any hearing. Get the answers in writing before you sign.
Sources
- Increase to the application fee for 2026–27 | Fair Work Commission
- Application fee | Fair Work Commission
- Apply for unfair dismissal (Form F2) | Fair Work Commission
- Fees and costs | Fair Work Commission
- Costs | Fair Work Commission
- Fair Work Act 2009, section 611 Costs | AustLII
- Tips to choose a lawyer or paid agent | Fair Work Commission
- Compensation for unfair dismissal | Fair Work Commission
Recommended
- Check Unfair Dismissal Eligibility in Australia: 21 days to lodge
- Australia: $95,050 payout cap and unfair dismissal remedies
- File an unfair dismissal claim in Australia within 21 days
- Employer obligations when dismissing an employee in Australia
Article produced using AI. This is not legal advice.