Fair Work Small Claims — Unpaid Entitlements (Form 5 + Originating Application)
Form number: Form 5
A simplified self-represented court process under section 548 of the Fair Work Act allowing workers to recover unpaid wages and entitlements up to $100,000 without legal representation, filed in the Federal Circuit and Family Court of Australia.
Issuing authority
Federal Circuit and Family Court of Australia
Official source
fcfcoa.gov.auCost
Filing fees may be waived for eligible applicants; concession card holders and those experiencing financial hardship can apply for reduction
Deadline
6 years from when the entitlement was due
How to apply
- Confirm your claim is eligible: the amount must be $100,000 or less and relate to an entitlement under the Fair Work Act (e.g. NES, modern award, enterprise agreement, or national minimum wage); claims must be brought within 6 years.
- Attempt to resolve the dispute directly with your employer or via the Fair Work Ombudsman before filing, as the Court expects self-represented parties to have tried other avenues.
- Download Form 5 — 'Small claim under the Fair Work Act 2009' from the Federal Circuit and Family Court of Australia website (fcfcoa.gov.au).
- Also download and complete an Originating Application — Fair Work Division (the cover filing document required alongside Form 5).
- Gather supporting documents: payslips, rosters, employment contract, award or enterprise agreement, and any written records of the underpayment.
- File both documents at a Federal Circuit and Family Court registry (in person or online via the eLodgment portal); filing fees for small claims in fair work matters may be waived — check the Court's fee schedule and apply for a fee reduction if you hold a concession card or can demonstrate financial hardship.
- Serve the filed documents on the respondent (employer) in accordance with the Court's rules.
- Note: you cannot be represented by a lawyer at the hearing unless the Court grants permission under s.548(5) of the Fair Work Act.
- Attend the hearing; a judge or registrar will determine the matter informally and can order payment of the unpaid entitlements.
Related topics
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