Fair Work jurisdiction and jurisdictional objection guide

Updated: 22 March 2026

Jurisdiction simply means the legal authority to make a decision about a matter. When we talk about the Fair Work Commission’s jurisdiction, we are referring to its power to deal with particular types of disputes and issues. An employer or former employer may raise a Jurisdictional objection about an employee's application to the Fair Work Commission. The purpose of raising the objection is to have Fair Work dismiss the matter. Below is what you need to know about jurisdictional objections.

Objection, first

In all cases, if there is a jurisdictional objection, the Commission must first address it before the original employee application. For example, if an employee lodges an application for unfair dismissal out of time and the employer raises a jurisdictional objection, this matter must be addressed first. If the Commission grants an out-of-time lodgement, the original unfair dismissal claim can then be handled. Below are examples of jurisdictional objections for an employee’s unfair dismissal application. 

Time limitation 

Employees have 21 days to lodge an unfair dismissal or general protections application. If an employee lodges outside this limitation period, the employer may claim the Commission does not have jurisdiction to deal with the matter. However, the Fair Work Commission may grant out of time lodgement in exceptional circumstances. 

Minimum employment period

In the case of an unfair dismissal, an employee must have worked for at least 6 months, or 1 year for a small business employer (with fewer than 15 employees), to be able to lodge an unfair dismissal. Now, if the employee has not worked the minimum period, the employer may raise a jurisdictional objection. Keep in mind that certain absences during employment do not count towards the minimum employment period. You can read about those here. 

Wrong employer

If the employee includes details of the wrong business entity on a Fair Work application form, which is not the employer, there is another jurisdictional issue. This is more common than you might think and occurs when an employee has an employment contract with a labour hire company but works at a work location of another entity, commonly known as a host organisation.

Multiple applications

If the employee made multiple applications about a dismissal, for example, an unfair dismissal and general protections claim, this may also give rise to a jurisdictional objection from the employer.

Casual 

The employee was a casual employee and was not employed on a regular and systematic basis, and there was no reasonable expectation of continuing employment. 

Contractor not employee

If the employee is a contractor and not an employee, e.g. to complete a specific project which has finished, they won’t be able to make an unfair dismissal claim.

High income threshold

If the employee earns more than the high-income threshold, they won’t be able to apply for unfair dismissal. The threshold is updated each 1 July annually. 

National workplace relations employee

The employee was not a national workplace relations system employee.

Genuine redundancy

Employees who believe a redundancy was not genuine may lodge an unfair dismissal under section 389. If the employee did follow the measures in an Award or enterprise agreement, the employer can raise a jurisdictional objection.

Small business dismissal code

A small business that has followed the small business dismissal code can raise this as an objection to an employee application.

Employee resignation 

If an employer claims they did not dismiss the employee but the employee resigned voluntarily, this could be an objection by the employer.

Restructure

If the employee was demoted but not significantly, and they are still employed, you can raise an objection to an unfair dismissal claim. 

Ways to make the objection 

The objection can be made in a response form. For example, in response to the employee’s F2 (unfair dismissal) application, the employer would lodge an F3 - employer response to an unfair dismissal application and may include objections in that form.  Also, the employer may lodge a form F4 - objection to application for unfair dismissal application. 

A final note about objections to an unfair dismissal application

An objection will first be addressed by the Fair Work Commission, and the employer may need to provide evidence to support their objection. The objection does not stop an unfair dismissal application.

Do you have questions or comments about a jurisdictional objection? Be sure to leave them below.