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Enforcing orders made by the Fair Work Commission

Information about enforcing orders made by the Fair Work Commission regarding general protections dismissal.

Time limit

You have six years to apply to the Federal Circuit and Family Court of Australia to enforce the decision of the Fair Work Commission.

About enforcement

If your employer does not follow an order made by the Fair Work Commission (the Commission), you may be able to apply to the Federal Court of Australia or the Federal Circuit and Family Court of Australia for orders enforcing the Commission's decision. These courts can order that compensation be paid to you for any loss you have suffered and fine your employer.

 If your employer does not follow an order made by the Commission and you want to enforce the orders, you must make your application within six years of the breach. If you're not sure how to apply, or whether you're within the time limit, you should get legal advice.

How to apply

Usually, applications should be made to the Federal Circuit and Family Court of Australia. If the matter is complicated, it may transferred to the Federal Court of Australia.

To apply, you must complete:

  • an Application - Fair Work Division, and
  • an Affidavit.

You can get a copy of these forms from:

  • your nearest Federal Circuit and Family court registry, or
  • the General federal law forms  page on the Federal Circuit and Family Court of Australia website.

Once you have completed the forms you must file them at a registry office and pay a filing fee of $89.70 (as at 1 July 2025).

Before apply to the Federal Circuit and Family Court of Australia, you should get legal advice.

Court orders

The Court may:

  • make an order stopping your employer from breaching an order or make an order to fix the breach
  • award you compensation for any loss you have suffered because your employer has not followed the Commission's order
  • reinstate your employment.

Fines for non-compliance

If your employer is an individual they can receive a maximum fine of $19,800 (as at 1 July 2025).

If your employer is a corporation they can be fined five times as much as an individual. This means your employer can face a maximum fine of $99,000 (as at 1 July 2025).

 Before you apply to enforce the Commission's orders, you should get legal advice.

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