What is the deadline for fair work unfair dismissal?
An unfair-dismissal application normally must be made within 21 days after the dismissal took effect. Day one is the following day. Check the effective dismissal date and any state or local public holiday before lodging.
Calculate your deadline
Choose the date using your device calendar. The control follows your device’s date format.
The day the dismissal took effect is excluded; day 1 is the following day (Acts Interpretation Act 1901 s 36(1) as at 25 June 2009, applied by FW Act s 40A). The FWC's published example: dismissal effective 30 June, application due 11:59 pm 21 July. The dismissal usually takes effect on the last day of the contract of employment, which may be later than the last day actually worked. Section 396(a) requires the FWC to decide whether the application was made within the s 394(2) period before considering the merits.
View selected rule and counting details
21 days from the day the dismissal took effect
Fair Work Act 2009 (Cth) s 394(2)(a)Binding
The day the dismissal took effect is excluded; day 1 is the following day (Acts Interpretation Act 1901 s 36(1) as at 25 June 2009, applied by FW Act s 40A). The FWC's published example: dismissal effective 30 June, application due 11:59 pm 21 July. The dismissal usually takes effect on the last day of the contract of employment, which may be later than the last day actually worked. Section 396(a) requires the FWC to decide whether the application was made within the s 394(2) period before considering the merits.
Worked example
- Example input
- 03/08/2026
- Expected result
- Monday 24 August 2026 at 11.59 pm
The dismissal took effect in New South Wales on Monday 3 August 2026.
The calculator excludes the dismissal day and counts 21 calendar days. The selected place and confirmed holiday calendar determine any final-day rollover.
How this deadline is counted
- Period
- 21 days
- Trigger
- The day dismissal took effect
- Direction
- Forward from the effective dismissal date
- Counting method
- Exclude the day the dismissal took effect. Day one is the following day. Count 21 calendar days.
If the final day is a Saturday, Sunday or public holiday in the confirmed place concerned, move to the next open day. The calculator combines its versioned state calendar, a sourced locality where available and any confirmed additional full-day holiday.
Fair Work Commission deadlines. Fair Work Act 2009 (Cth), section 394(2). Fair Work Act 2009, Compilation No. 73 dated 7 July 2026, and Fair Work Commission deadline guidance checked 31/08/2026
Exceptions and case facts
- The effective date can be fact-sensitive, including communication and payment-in-lieu questions.
- An extension is exceptional and is not calculated automatically.
- A reproducible calculation can be purchased as a PDF record. A confirmed deadline requires one place, checked local holidays and calendar coverage for the due year.
- Multiple or uncertain places and part-day or conditional holidays keep the record provisional and prevent automatic calendar activation.
Deadline Engine is calculation software, not legal advice. Check the current rule, any order and the facts before adding a date to your calendar.