Lectures

Table of contents

On this page

adjournment

To end proceedings or to suspend them to another time or place.

appeal

To request that a decision of a single member of the Commission be reviewed by a Full Bench to determine if the decision made is consistent with the Fair Work Act 2009. An appeal can only be made on the grounds that an error of law or fact has been made. A person must seek the permission of the Commission to lodge an appeal by lodging a Form F7—Notice of Appeal.

bullying at work

Bullying at work, as defined by the Fair Work Act 2009, occurs when:

  • a person or a group of people behaves unreasonably and repeatedly towards a worker or a group of workers while at work, and
  • the behaviour creates a risk to health and safety.

Bullying does not include reasonable management action carried out in a reasonable manner.

bullying policy

A formal procedure outlining the processes used, including disciplinary measures, to resolve bullying in the workplace. A policy would normally include definitions of bullying, a worker's responsibility in relation to bullying and the step by step process that should be adopted when bullying is reported.

code of conduct

A set of rules and responsibilities that govern an organisation. A code of conduct generally sets out appropriate and inappropriate behaviour of employees within an organisation.

Commission

Abbreviation for Fair Work Commission.

Commonwealth

Refers to the Commonwealth government or an Australian territory.

conference

A private proceeding conducted by a Fair Work Commission Member.

constitutionally covered business

A constitutionally covered business is:

  • a proprietary limited company
  • a foreign corporation
  • a trading or financial corporation formed within the limits of the Commonwealth
  • the Commonwealth
  • the Commonwealth authority
  • a body corporate incorporated in a territory
  • a business or organisation conducted principally in a territory or Commonwealth place.

It does not include sole traders, partnerships, some state government employees, corporations whose main activity is not trading or financial.

decision

A judgment or conclusion reached after considering the facts and law. A decision in relation to a matter before the Commission can include the names of the parties and will generally outline the basis for the application, comment on the evidence provided and include the judgment of the Commission in relation to the matter. A decision can be made by a single member or a Full Bench of the Commission. It is legally enforceable.

directions

Instructions given to the parties by the Commission that set out a timetable in accordance with which they must file in the Commission and serve on each other an outline of submissions, witness statements and any supporting documents.

evidence

Information which tends to prove or disprove the existence of particular belief, fact or proposition. Certain evidence may or may not be accepted by the Commission, however the Commission is not bound the normal rules of evidence. Evidence is usually contained within or attached to a witness statement or provided verbally by a witness in a hearing.

Fair Work Act 2009

The principal Commonwealth law governing Australia's workplace relations system. Go to the Fair Work Act 2009.

Fair Work Commission

Australia's independent, national workplace relations tribunal, established under the Fair Work Act 2009, from July 2009 to December 2012. Fair Work Australia assumed the functions of the Australian Industrial Relations Commission, and the Australian Fair Pay Commission and the agreement-making function of the Workplace Authority. Fair Work Australia was renamed the Fair Work Commission on 1 January 2013.

Full Bench

A Full Bench of the Fair Work Commission is convened by the Fair Work Commission President and comprises at least three Fair Work Commission Members, one of whom must be a Deputy President. Full Benches are convened to hear appeals, matters of significant national interest and various other matters specifically provided for in the Fair Work Act 2009.

harassment

Unwanted and offensive conduct or behaviour by a person or persons directed towards another person based on an attribute such as a person’s age, gender, race, religion or a disability. Harassment can be physical or psychological.

hearing

A public proceeding conducted by a Fair Work Commission Member. A hearing is generally more formal than a conference, and may be held if the matter can't be resolved at mediation, conciliation or conference.

jurisdiction

The scope of the Commission’s power and what the Commission can and cannot do. The power of the Commission to deal with matters is contained in legislation. The Commission can only deal with matters for which it has been given power by the Commonwealth Parliament.

jurisdictional objection

An objection to an application on the basis that the Fair Work Commission does not have jurisdiction to deal with the matter. A jurisdictional objection is not simply that the respondent thinks the applicant's case has no merit.

matter

A case or legal proceeding before the Commission.

mediation

An informal, confidential and voluntary process. It is one of the processes used by the Commission to facilitate the resolution of a grievance or a dispute between parties by helping them reach an agreement.

Member

A person appointed by the Governor-General to decide matters at the Commission. A Member may be the President, a Vice President, a Deputy President or a Commissioner.

non-constitutional corporation

An entity that is not a constitutional corporation. The following are not constitutional corporations:

  • sole traders
  • partnerships
  • some state government bodies
  • corporations whose activities do not include significant trading or financial functions (e.g. some charities).

order

An order is a ruling made by a Fair Work Commission Member after he or she hears your case. Once an order has been made, anyone bound by that order must follow it.

outcome

The end result of an application made to the Commission.

outline of submissions

A written document that clearly sets out the key elements of a case. All facts, information and evidence that you wish to bring to the attention of the Commission should be included in your outline of submissions.

partnership

An organisation in which two or more persons carry on a business together and it is not a constitutional corporation as defined.

party

A person or organisation involved in a matter before the Commission. A party is generally known as either an applicant or a respondent. 

principal

A person or business that has entered into a contract for services with an independent contractor.

private enterprise

A business owned and operated by private individuals for profit, instead of by a government or its agencies.

procedural fairness

When persons are treated equally or fairly before the law (also known as due process). For example, procedural fairness occurs when both parties to a dispute have an opportunity to be heard or to defend themselves.

pty ltd

A proprietary limited company. A constitutionally covered business.

reasonable management action

In relation to an anti-bullying application, reasonable management action is the action or behaviour of management that is considered to be carried out in a reasonable manner. Reasonable management action does not constitute workplace bullying.

Reasonable management action may include:

  • performance management processes
  • disciplinary action for misconduct
  • informing a worker about unsatisfactory work performance or inappropriate work behaviour
  • asking a worker to perform reasonable duties in keeping with their job, and
  • maintaining reasonable workplace goals and standards.

In each of these examples, if they are not carried out in a reasonable manner, then they could still be considered bullying.

service/to serve

A requirement to send a copy of a document (and all supporting documents) to another party or their representative, usually within a specified period. A person’s obligation to serve documents can be met in a number of ways. The acceptable ways in which a document can be served are listed in Parts 7 and 8 of the Fair Work Commissions Rules 2013.

sole trader

An organisation in which one person is responsible for the business.

WHS

Abbreviation for work health and safety.

WHS state or territory regulator

A body established by a state or territory government which regulates WHS laws in a particular state or territory. To find contact details for the regulator in your state or territory, go to the Enquiries page.

witness statement

A person who gives evidence in relation to something they saw, heard or experienced. A witness is required to take oath or affirmation before giving evidence at a formal hearing. The witness will be examined by the party that called them and may be cross examined by the opposing party to test their evidence.

worker

In relation to an anti-bullying application, the definition of a worker is drawn from the Work Health and Safety Act 2011. A worker can include:

  • an employee
  • a contractor or subcontractor
  • a person employed by a labour hire company who is working at a particular business or organisation
  • an outworker
  • an apprentice or a trainee
  • a work experience student
  • a volunteer.

Only people who are considered to be workers may apply for an order to stop bullying at work.

workplace

A place where a person performs work.

workplace bullying

See bullying at work.

About the lectures

For more information about the lecture series, and for details of all upcoming lectures, please see the Workplace Relations Education Series page.

Recordings of previous lectures and other events are available for viewing on the Commission's YouTube channel.

13-15 May 2019 – Law Week information sessions

Advocacy training

Speakers: Deputy President Gostencnik & Commissioner Wilson

Making compliant agreement applications

Speakers: Commissioner Lee & Commissioner McKinnon

Making & defending unfair dismissal applications

Speakers: Deputy President Clancy & Commissioner Bissett

Find out more

8 August 2018 – Why are Australian wages lagging and what can be done about it?

Lecture, Wednesday, 8 August 2018

In this lecture, the Hon Professor Joe Isaac AO presented his paper Why Australian wages are lagging and what can be done about it?. The paper was recently published in the Australian Economic Review.

The lecture was chaired by Dr Tess Hardy, Co-Director, Centre for Employment and Labour Relations Law and included speakers such as Justice Iain Ross AO, President, Fair Work Commission, Jeff Borland, Truby Williams Professor of Econonmics, The University of Melbourne and David Peetz, Professor of Employment Relations, Griffith University.

The lecture was followed by a Q&A session with the speakers.

Speaker: Hon Professor Joe Isaac AO

Hon Professor Joe Isaac AO is an Emeritus Professor of Economics from the University of Melbourne. He held chairs in Economics at the University of Melbourne and then Monash University between 1962 and 1974 and was Deputy President of the Australian Industrial Relations Commission from 1974–87. Professor Isaac was Hon Professorial Fellow at the University of Melbourne from 1987–2016. He served as Deputy Chancellor at Monash University from 1980–88 and was President of The Victorian Industrial Relations Society in 1964, the Economic Society of Australia and NZ in 1969, and the Academy of Social Sciences in Australia from 1985–87. He holds a BA (Hons) and BCom from the University of Melbourne and a PhD from the London School of Economics of which he is a Hon Fellow. Professor Isaac is also a Distinguished Fellow of the Economic Society of Australia.

Speaker: Professor Jeff Borland

Professor Jeff Borland is a Truby Williams Professor of Economics at the University of Melbourne. Professor Borland's main research interests are analysis of the operation of labour markets in Australia, program and policy evaluation and design, and Australian economic history. A Fellow of the Academy of Social Sciences in Australia, in 2010 Professor Borland was the Visiting Professor of Australian Studies at Harvard University. Professor Borland is currently President of the Victorian branch of the Economic Society of Australia.

Speaker: Professor David Peetz

Professor David Peetz is Professor of Employment Relations at Griffith University. He previously worked at the Australian National University and the Commonwealth Department of Industrial Relations, spending over five years as part of the Senior Executive Service. Professor Peetz has been a consultant for the International Labour Organization in Thailand, Malaysia, China, and Geneva, and has acundertaken work for unions, employers and governments. Professor Peetz is a Fellow of the Academy of the Social Sciences in Australia.

22 May 2017 – The Fair Work Commission & the New Approaches jurisdiction

Lecture & panel discussion, Monday, 22 May 2017

This lecture featured a presentation by Deputy President Anna Booth on the Commission’s New Approaches jurisdiction and the role of interest-based bargaining. Deputy President Booth discussed the importance of trust in enterprise bargaining, as well as the way in which interest based bargaining fosters trust between negotiating parties. Ms Kim Parish and Mr Angus McFarland provided an introduction to the House with No Steps experience of interest based bargaining and problem solving. Following the lecture was a panel discussion led by Associate Professor Anna Chapman, featuring Deputy President Booth, Ms Kim Parish and Mr Angus McFarland. .

The Speaker: Deputy President Anna Booth

Anna Booth is a Deputy President of the Fair Work Commission and a member of the Advisory Board for the Work and Organisation Studies Discipline at The University of Sydney Business School.

Chair: Associate Professor Anna Chapman

Anna Chapman is an Associate Professor in the Melbourne Law School and a Co-Director of the Centre for Employment and Labour Relations Law (CELRL) at the University of Melbourne. Anna’s research focus is on employment law, and she is a past Editor of the Australian Journal of Labour Law.

The Panel: Deputy President Anna Booth, Ms Kim Parish and Mr Angus McFarland

Kim Parish is the Executive General Manager for People, Learning & Culture at House with No Steps in New South Wales. Kim is a senior HR professional with expertise in developing HR strategy, leading learning & development and delivering business focused organisation change.

Angus McFarland is Assistant Secretary, Australian Services Union NSW & ACT (Services) Branch. Prior to being an Assistant Secretary he was a Senior Organiser in the Community and Disability Division of the ASU.

16 May 2016 – The Fair Work Commission & the anti-bullying jurisdiction

Lecture & panel discussion, Monday, 16 May 2016

This lecture featured a presentation by Commissioner Peter Hampton, Anti-bullying Panel Head, and a panel discussion about bullying behaviour outside the workplace, particularly the question of what is 'at work'? The panel explored the range of challenges and issues associated with the anti-bullying jurisdiction.

The Speaker: Commissioner Peter Hampton

Commissioner Hampton, Anti-bullying Panel Head, was appointed to the Fair Work Commission in 2010 and is also a member of the Annual Wage Review Panel. The Commissioner has a wealth of workplace experience having worked in the field in judicial and other capacities for over 30 years.

Chair: Justice Iain Ross AO

Justice Ross has been President of the Fair Work Commission since March 2012. He is also a Federal Court Judge. 

The Panel: Associate Professor Anna Chapman, Mr Josh Bornstein and Mr Steven Amendola

Anna Chapman is an Associate Professor in the Melbourne Law School and a Co-Director of the Centre for Employment and Labour Relations Law (CELRL) at the University of Melbourne. Anna’s research focus is on employment law, and she is a past Editor of the Australian Journal of Labour Law.

Josh Bornstein is Head of the National Employment Relations Group at Maurice Blackburn lawyers in Melbourne and has practised in the field of law for 20 years. Josh holds a number of other positions including: a Member of the Workplace Relations Executive Committee at the LIV President of Tzedek, a Jewish support and advocacy group and occasional writer for a range of national newspapers and journals.

Steven Amendola has been a partner at Ashurst Melbourne office since 2000. He is currently the Melbourne team leader and one of the firm’s pro bono partners. He is widely recognised as one of Australia’s leading practitioners in industrial relations and litigation and is renowned for his strategic dispute resolution work.

29 May 2015 – The industrial system, discrimination and judicial method: the Australian reluctance

Associate Professor Chapman and Professor Gaze, Melbourne, 29 May 2015

The lecture was presented in collaboration with the Centre for Employment and Labour Relations Law at the University of Melbourne.

Speakers

Anna Chapman is an Associate Professor in the Melbourne Law School and a Co-Director of the Centre for Employment and Labour Relations Law (CELRL) at the University of Melbourne. Her research focuses on employment law, especially in relation to the National Employment Standards, general protections and unfair dismissal law. Anna is a past Editor of the Australian Journal of Labour Law.

Beth Gaze is a Professor in the Melbourne Law School and a member of the CELRL at the University of Melbourne. Beth has published extensively on anti-discrimination law, including employment discrimination, and on tribunals, and has conducted socio-legal research in both areas. She has acted as an expert adviser to parliament and is a member of the Editorial Board of the International Journal of Discrimination and the Law.

Associate Professor Chapman and Professor Gaze are presently engaged in a major project funded by the Australian Research Council examining the intersections between general protections in the Fair Work Act 2009 and anti-discrimination law. This lecture draws on this work.

The lecture

The Commonwealth industrial system has long contained provisions seeking to address discrimination on grounds such as race, sex and disability. These provisions have been expanded into the set of general protections contained in the Fair Work Act 2009, though key terms in the legislative framework remain undefined.

This presentation profiled developments in tribunal and judicial method in interpreting discrimination in the Australian industrial framework, and argued that there has been a turning away under the Fair Work Act 2009 from earlier, broader judicial approaches on the meaning of discrimination. The lecture offered some thoughts on the reasons behind this change, and invited a reconsideration of current judicial approaches.

13 April 2015 – Fair work for all: Minimum labour standards in the global era

Emerita Professor Rosemary Owens, AO, Adelaide, 13 April 2015

Speaker's bio

Rosemary Owens, AO is Emerita Professor at The University of Adelaide, where she was the Dame Roma Mitchell Chair of Law from 2008 to 2015, and Dean of Law from 2007 to 2011.

Her fields of expertise include international labour law, employment, labour and industrial relations law, and anti-discrimination law, with much of her research focused on those who are in the most precarious form of work.

Professor Owens has published widely and is the co-author of Law of Work (Oxford University Press, Melbourne, 2nd edition, 2011), which presents a reappraisal of the regulation of work in Australia in the global era. She has also co-authored a number of other publications and is a member of the Editorial Board, and former editor, of the Australian Journal of Labour Law.

In 2014 Professor Owens was appointed as an Officer in the Order of Australia for her distinguished service to law, to international and national labour law and relations, and to women.

Professor Owens is a Fellow and Director of the Australian Academy of Law and in 2010 she was appointed to the International Labour Organisation’s Committee of Experts on the Application of Conventions and Recommendations (CEACR).

Synopsis of lecture

Professor Owens’ lecture examines the role and nature of minimum standards in the global era, and some of the challenges in protecting vulnerable and low-paid workers while at the same time facilitating flexibility to promote productivity and economic growth.

The growth of 'precarious work', including the evolution of some of its older forms, such as casual employment, and the emergence of newer forms, such as unpaid internships, is discussed. In considering the prospects for achieving the goal of fairness for all through our regulatory system, the role of the Commission in setting and adjusting award standards is evaluated.

4 March 2015 – The role of consultation in the future of Australian workplaces

Associate Professor Amanda Pyman, Hobart, 4 March 2015

This lecture was delivered by Associate Professor Amanda Pyman on the role of consultation in Australian workplaces in an increasingly globalised environment.

Speaker's bio

Amanda Pyman is an Associate Professor in the Department of Management at Monash. Her broad area of research interest is people and performance.

Professor Pyman has published widely in the fields of IR and HRM and is Associate Editor of the Human Resource Management Journal (UK).

In addition to her academic achievements, Amanda has worked with organisations in the UK and Australia on a range of strategic people and performance issues, and is currently part of a joint team at Bond University and Monash University undertaking a federal government funded Office of Learning and Teaching project titled: Enhancing Graduate Employability of Business School Alumni through establishing an Australian Business Case Network (2014).

Synopsis of lecture

Professor Amanda Pyman’s lecture explored the role of consultation in the future of Australian workplaces in an increasingly globalised environment.

23 September 2014 – Pay equity: Where next?

Melbourne, 23 September 2014

In collaboration with the Centre for Employment and Labour Relations Law at the University of Melbourne, Professor Andrew Stewart of the University of Adelaide, and Doctor Meg Smith of the University of Western Sydney delivered a lecture on pay equity.

The lecture provided a recent history of equal remuneration provisions and cases, and considered the choices and challenges for the Commission in determining equal remuneration claims.

19 March 2014 – Employee communication & engagement: An elusive quest?

Professor Russell Lansbury, Perth, 13 August 2014 & Sydney, 19 March 2014

In collaboration with the University of Western Australia and the Industrial Relations Society of Western Australia (IRSWA), Professor Russell Lansbury delivered his presentation, Employee communication and engagement: An elusive quest?.

Professor Lansbury's presentation addressed how employee communications and engagement can be better integrated with employment relations and enterprise bargaining to achieve productive outcomes for organisations and the economy.

23 July 2014 – Discussion on productivity and industrial relations policy

Professor David Peetz, Brisbane, 23 July 2014

In collaboration with the Department of Employment Relations and Human Resources, Griffith Business School at Griffith University in Queensland, Professor David Peetz discussed productivity and industrial relations policy.

Professor Peetz explained what productivity is, why it matters, what influences it, and how it relates to industrial relations policy.

14 May 2014 – Enduring values or radical change: The shaping of labour law legislation

Dr Richard Naughton, Melbourne, 14 May 2014

In collaboration with the Centre for Employment and Labour Relations Law (CELRL) at the University of Melbourne, Dr Richard Naughton from Monash University in Melbourne examined the elements underlying the traditional Australian industrial relations system.

Dr Naughton argued that these traditional elements continue to have an important role in our system today.

15 May 2014 – Dispute resolution & the rise of individual employment rights

Professor Alexander Colvin, Sydney, 15 May 2014

In collaboration with the Faculty of Business and Economics at Macquarie University, Professor Alexander Colvin from Cornell University in New York delivered a presentation about dispute resolution and the rise of individual employment rights.

6 December 2013 – The Fair Work Commission s role in the enterprise bargaining process

Associate Professors Anthony Forsyth & John Howe, 6 December 2013

The fourth and final lecture in the Workplace Relations Lecture Series for 2013 was presented by Associate Professors Anthony Forsyth and John Howe on Friday, 6 December 2013.

16 August 2013 – Productivity and pay: developments in labour's share of income gains

Mr Dean Parham, 16 August 2013

The third lecture in the Workplace Relations Lecture Series was presented by Mr Dean Parham on Friday, 16 August 2013.

24 May 2013 – The ambiguities of workplace cooperation

Professor Mark Bray, 24 May 2013

The second lecture in the Workplace Relations Lecture Series was presented by Professor Mark Bray on Friday, 24 May 2013.

15 February 2013 – 2011 workplace employment relations study: first findings & implications for Australia

Dr Brigid Van Wanrooy, 15 February 2013

The inaugural lecture in the Workplace Relations Lecture Series was presented by Dr Brigid Van Wanrooy on Friday, 15 February 2013.

 

 

 

 

 

 

 

 

 

 

 

Updated time

Last updated

27 May 2019

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