The President of the Fair Work Commission is considering making some changes to the Fair Work Commission Rules 2013 in response to the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021.
The President has approved two new forms: Form F10A and Form F23C.
Form F10A is used by an employee or employer to apply for the Commission to deal with a casual conversion dispute under new s.66M of the Fair Work Act 2009.
Form F23C is used by an employer, employee or employee organisation to apply under clause 45 of Schedule 1 of the Fair Work Act for the Commission to vary an enterprise agreement to resolve problems relating to the interaction between the agreement and the new definition of a casual employee in s.15A or the new casual conversion provisions in Division 4A of Part 2-2 of the Fair Work Act.
These forms are currently in use, and are available on the Forms page of our website.
The President proposes to change Schedule 1 to the Rules by adding service requirements for the two new forms.
In addition, the President is proposing to delete Note 1 to Rule 31(1) of the Rules.
Rule 31 deals with applications for protected action ballot orders. Note 1 to Rule 31(1) says that if the Australian Electoral Commission (AEC) is to be the protected action ballot agent, the copy of the application for a protected action ballot order served on the AEC should be accompanied by a completed information form, which in 2016 could be viewed on the AEC website.
The AEC has advised that it no longer requires an information form to be completed, so Note 1 is no longer needed.
Comments or feedback on the proposed changes closed on Monday 18 October 2021.