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  • Job loss or dismissal
    • Types of dismissal and termination
    • Unfair dismissal
      • About unfair dismissal
        • What is unfair dismissal?
        • Who the law protects from unfair dismissal
        • Check eligibility for unfair dismissal
      • The rules for small business owners
      • The process for unfair dismissal claims
      • Apply for unfair dismissal (Form F2)
        • Check you are ready to apply for unfair dismissal
      • Respond to an unfair dismissal claim
        • What to do when an employee claims unfair dismissal
        • Respond to a claim for unfair dismissal (Form F3)
          • Help with Form F3 – Employer response to unfair dismissal
        • Object to an unfair dismissal claim
          • Object to an application for unfair dismissal remedy (Form F4)
          • Jurisdiction hearings in unfair dismissal cases
      • Conciliation for unfair dismissal
        • What is conciliation?
        • Tips to prepare for conciliation
        • What happens in a conciliation meeting
        • Options at conciliation for unfair dismissal
        • The role of the independent conciliator
        • Ask to delay a conciliation
      • Withdraw your application for unfair dismissal
      • Possible results of unfair dismissal claims
        • Compensation for unfair dismissal
          • The formula to calculate compensation
        • Reinstatement after unfair dismissal
        • Outcomes or remedies at an unfair dismissal hearing
    • Dismissal under general protections
      • About general protections
        • Understand general protections
        • Who the general protections laws cover
          • The difference between contractors and employees
        • Check eligibility for general protections
        • What is adverse action?
        • Prohibited reasons in general protections
        • Other workplace protections
      • The process for general protections dismissal
      • Apply for general protections – dismissal (Form F8)
      • Responding to a general protections claim
        • Response to general protections application (Form F8A)
        • Object to a general protections dismissal claim
      • Conferences for general protections dismissal
        • Tips to prepare for a general protections conference
      • Possible outcomes of a general protections – dismissal case
      • Apply for arbitration of a general protections – dismissal case (Form F8B)
      • Take your general protections case to court
    • Unlawful termination
      • Apply for help with unlawful termination (Form F9)
      • Respond to an application for unlawful termination (Form F9A)
      • Agree to arbitration for unlawful termination (Form F9B)
    • Redundancy
    • Respond to a claim against a business
  • Issues we help with
    • Common issues in the workplace
      • Resolve a dispute in your workplace
      • Apply for help to promote cooperative workplaces and prevent disputes (Form F79)
    • Bullying
      • The process to resolve workplace bullying
      • What is bullying at work?
        • About reasonable management action
      • What to do if you’re bullied at work
        • How we help stop workplace bullying
        • Who can apply to stop bullying
          • Check eligibility for an order to stop bullying
        • Apply to stop workplace bullying (Form F72)
      • Respond to a bullying claim
        • Respond as an employer or principal in a bullying application (Form F73)
        • Respond as a person named in a bullying application (Form F74)
      • Conciliation for bullying at work
        • Prepare for a conciliation session
    • Sexual harassment
      • Sexual harassment that occurred or started before 6 March 2023
        • What is sexual harassment at work
        • Who can apply for orders to stop sexual harassment at work
        • Discrimination, the general protections and work health and safety
        • What to do if you’re sexually harassed at work
        • Apply to stop sexual harassment at work
        • Respond to an application about sexual harassment at work
        • The Commission’s process to resolve sexual harassment at work
        • Conciliation about sexual harassment at work
        • Conferences and hearings about sexual harassment at work
      • Sexual harassment commencing from 6 March 2023
        • The prohibition on workplace sexual harassment
        • What is sexual harassment in connection with work?
        • Who can apply to us to deal with a sexual harassment dispute
        • Sexual harassment and discrimination, the general protections and work health and safety
        • What to do if you’re sexually harassed in connection with work
        • The process for sexual harassment dispute claims
        • How to apply to us to deal with a sexual harassment dispute
        • Apply to resolve a sexual harassment dispute (Form F75)
        • How to respond to a sexual harassment dispute application
        • Respond as an individual to an application to deal with a sexual harassment dispute (Form F76)
        • Respond as an employer or principal to an application to deal with a sexual harassment dispute (Form F77)
        • Member conferences and determinative hearings is sexual harassment disputes
          • Member conferences in sexual harassment disputes
          • Determinative conferences and hearings in sexual harassment disputes
          • Keeping the sexual harassment dispute case confidential
        • Sexual harassment disputes that are not resolved
    • Discrimination
    • Help for small business owners
      • What we are doing to help small business
    • Casual to permanent status
      • Apply to resolve a dispute about casual conversion (Form F10A)
    • Dispute about an award or agreement
      • Apply to resolve a dispute about an award or agreement (Form F10)
    • Disputes about general protections
      • Process for general protection disputes
      • Apply for general protections – no dismissal (Form F8C)
      • Responding to a general protections claim not involving dismissal
    • Industrial action
      • Organise a protected action ballot
        • Apply to hold a protected action ballot (Form F34)
        • Apply to extend the 30-day period for protected action (Form F34A)
      • Types of industrial action
      • Payments during industrial action
      • Ballot results
      • Apply to resolve a stand down dispute (Form F13)
      • Apply to stop unprotected industrial action (Form F14)
    • Cooperative Workplaces program
      • Interest-based approaches
      • Interest-based bargaining
      • Interest-based consultation
      • Interest-based problem-solving
    • Jobkeeper disputes
      • Apply to resolve a jobkeeper dispute (Form F13A)
  • Agreements & awards
    • Enterprise agreements
      • Find an enterprise agreement
        • Agreements in progress
      • About enterprise agreements
        • About single and multi-enterprise agreements
        • About greenfields agreements
        • Historical agreements and instruments
        • Statistical reports on enterprise agreements data
      • Make an enterprise agreement
        • The process to make an agreement
        • Before you start bargaining
          • Timeframes to make an agreement
          • Date calculator for single enterprise agreement
          • Plan to communicate your agreement
          • Bargaining representatives
            • Who can be a bargaining representative?
            • The role of representatives
            • Cancel a bargaining representative
          • Apply for a majority support determination (Form F30)
          • Request to bargain for a replacement agreement
        • Start bargaining
          • Scope orders for enterprise agreements
            • Apply for a scope order (Form F31)
          • Resolve a dispute about bargaining
            • Apply to resolve a bargaining dispute (Form F11)
            • Apply for a bargaining order (Form F32)
            • Apply for a serious breach declaration (Form F33)
          • How to bargain in good faith
          • NERR – Notice of Employee Representational Rights
            • Create the NERR
            • Distribute the NERR to employees
        • Develop the agreement
          • Finalise the draft enterprise agreement
          • Guide to the BOOT
            • How we apply the Better Off Overall Test
            • Check an agreement can pass the BOOT
          • Terms and dates to put in an agreement
          • When employees genuinely agree to an agreement
          • Avoid common errors in agreements
            • Meet the terms in the NES
            • Sign an agreement the right way
            • Make sure your NERR is valid
            • Make 'loaded' rates clear
            • Explain what you did in the access period
            • Ways to pass the BOOT
        • Hold a vote on the agreement
          • Explain the agreement to employees
          • What to give employees during the 'access period'
          • Voting process for agreements
          • Record how and when employees vote
        • Create a greenfields enterprise agreement
          • Apply to approve a greenfields agreement (Form F19)
      • Change a single enterprise agreement
        • Apply for approval to change an agreement (Form F23)
        • Employer's declaration to vary an agreement (Form F23A)
        • Union declaration for variation of an enterprise agreement (Form F23B)
        • Apply to vary an agreement to resolve a casual conversion issue (Form F23C)
        • Apply to terminate an agreement after the nominal expiry date (Form F24B)
      • Approval of enterprise agreements
        • The process to approve an agreement
        • Requirements an agreement must meet
        • About undertakings in agreements
          • How to write an undertaking
        • Approval timelines for agreements
        • Is your agreement application ready to lodge?
        • Forms for approval of agreements
          • Apply to approve a new enterprise agreement (Form F16)
          • Employer declaration for an enterprise agreement (Form F17)
          • Union declaration for an enterprise agreement (Form F18)
          • Employee rep declaration for an agreement (Form F18A)
          • Employer's declaration for a greenfields agreement under s.182(3) (Form F20)
          • Union declaration for a greenfields agreement (Form F21)
          • Apply to approve a new greenfields agreement made under s.182(4) (Form F21A)
          • Employer's declaration for a greenfields agreement under s.182(4) (Form F21B)
          • Union declaration for approval for a greenfields agreement under s.182(4) (Form F21C)
      • Terminate an enterprise agreement
        • Apply to terminate an enterprise agreement by agreement (Form F24)
        • Ways to terminate an individual agreement (IABTI)
        • Declaration to support the termination of an agreement (Form F24A)
        • Declaration to support the termination of an agreement after nominal expiry (Form F24C)
        • Declaration in response to application to terminate an agreement after the expiry date (Form F24D)
      • Sunsetting of zombie agreements
        • Types of zombie agreements
        • Our list of possible zombie agreements
        • What to do if you have a zombie agreement
        • Extending a zombie agreement
        • Apply to extend a zombie agreement (Form F81)
    • Awards
      • Find an award
      • Create or change an award
        • Applications to create or change an award
        • Apply to create, change or revoke an award (Form F46)
      • Modern awards pay database
        • Data dictionary
        • Modern Awards Pay Database API
      • What awards contain
      • The difference between awards and agreements
      • Awards research
    • Minimum wages and conditions
      • The national minimum wage
        • National minimum wage orders
      • National Employment Standards
      • Where to find your pay and conditions
      • Superannuation
    • Gender pay equity
      • Gender pay equity in the Fair Work Act
      • Equal remuneration orders
      • Apply for an equal remuneration order (Form F46A)
  • Hearings & decisions
    • Hearings schedule
      • Adelaide hearings
      • Brisbane hearings
      • Canberra hearings
      • Darwin hearings
      • Hobart hearings
      • Melbourne hearings
      • Perth hearings
      • Sydney hearings
      • Regional hearings
    • How the Commission works
      • What to do when we set your tribunal date
      • About conferences and hearings
      • Prepare for a conference or hearing
      • Possible outcomes of a hearing or conference
      • What happens during a hearing
        • Inside the hearing room
      • On the day of your conference or hearing
      • Recording a hearing or conference
      • Ask to delay a hearing or conference
    • Appeal a decision or order
      • The appeals process
        • Reasons you may appeal a decision or order
        • Who can appeal a decision?
        • How to appeal a decision
        • Order to ‘stay’ all or part of a decision
        • Create an appeal book
      • Prepare for an appeal hearing
        • Prepare an outline of submissions for an appeal
        • What happens in an appeal hearing
        • Who sits on an Appeal Bench?
      • Timetable of appeal hearings
      • Results of appeals
      • Apply for permission to appeal (Form F7)
    • Decisions and orders
      • National wage and safety net review decisions
      • Significant decisions and summaries
    • Major cases
      • 4 yearly review
        • All decisions and statements
        • Alleged NES inconsistencies
        • Awards under review
        • Common issues
          • Abandonment of employment
          • Annual leave
          • Annualised salaries
          • Apprentice conditions
          • Award flexibility
          • Blood donor leave
          • Casual employment
          • Family and domestic violence leave
          • Family friendly work arrangements
          • Micro business schedule
          • National Training Wage
          • Overtime for casuals
          • Part-time employment
          • Payment of wages
          • Penalty rates case
            • Decisions & statements
            • General Retail Industry Award
            • Hair and Beauty Industry Award
          • Public holidays
          • Transitional provisions
        • Final stage proceedings
        • Plain language re-drafting
          • Fast Food Industry Award
          • Hair and Beauty Industry Award
        • Timetable
      • Annual wage reviews
        • Annual Wage Review 2022–23
          • Additional material for the Annual Wage Review 2022-23
          • Correspondence for the Annual Wage Review 2022–23
          • Decisions & statements for the Annual Wage Review 2022–23
          • Notices of listing for the Annual Wage Review 2022–23
          • Research for the Annual Wage Review 2022–23
          • Statistical reporting for the Annual Wage Review 2022–23
          • Submissions for the Annual Wage Review 2022–23
          • Timetable for the Annual Wage Review 2022–23
          • Transcripts for the Annual Wage Review 2022–23
        • Annual Wage Review 2021–22
          • Additional material for the Annual Wage Review 2021–22
          • Correspondence for the Annual Wage Review 2021–22
          • Decisions & statements for the Annual Wage Review 2021–22
          • Determinations for the Annual Wage Review 2021–22
          • Draft determinations for the Annual Wage Review 2021–22
          • National Minimum Wage Order 2022
          • Notices of listing for the Annual Wage Review 2021–22
          • Research for the Annual Wage Review 2021–22
          • Statistical reporting for the Annual Wage Review 2021–22
          • Submissions for the Annual Wage Review 2021–22
          • Timetable for the Annual Wage Review 2021–22
          • Transcripts for the Annual Wage Review 2021–22
        • Annual Wage Review 2020–21
          • Additional material for the Annual Wage Review 2020–21
          • Consultations for the Annual Wage Review 2020–21
          • Correspondence for the Annual Wage Review 2020–21
          • Decisions & statements for the Annual Wage Review 2020–21
          • Determinations for the Annual Wage Review 2020–21
          • Draft determinations for the Annual Wage Review 2020–21
          • National Minimum Wage Order 2021
          • Notices of listing for the Annual Wage Review 2020–21
          • Research for the Annual Wage Review 2020–21
          • Statistical reporting for the Annual Wage Review 2020–21
          • Submissions for the Annual Wage Review 2020–21
            • Initial submissions for the Annual Wage Review 2020–21
            • Post-budget submissions for the Annual Wage Review 2020–21
            • Submissions in reply for the Annual Wage Review 2020–21
            • Supplementary submissions for the Annual Wage Review 2020–21
          • Timetable for the Annual Wage Review 2020–21
          • Transcripts for the Annual Wage Review 2020–21
        • Annual Wage Review 2019–20
          • Additional material for the Annual Wage Review 2019-20
          • Consultations for the Annual Wage Review 2019-20
          • Correspondence for the Annual Wage Review 2019-20
          • Decisions & statements for the Annual Wage Review 2019-20
          • Determinations for the Annual Wage Review 2019-20
          • Junior & apprentice rates in modern awards for the Annual Wage Review 2019-20
          • National Minimum Wage Order 2020
          • Notices of listing for the Annual Wage Review 2019-20
          • Research for the Annual Wage Review 2019-20
          • Research proposals for the Annual Wage Review 2019-20
          • Statistical reporting for the Annual Wage Review 2019-20
          • Submissions for the Annual Wage Review 2019-20
            • Initial submissions for the Annual Wage Review 2019-20
            • Submissions in reply for the Annual Wage Review 2019-20
            • Supplementary submissions for the Annual Wage Review 2019-20
          • Timetable for the Annual Wage Review 2019-20
          • Transcripts for the Annual Wage Review 2019-20
        • Annual Wage Review 2018–19
          • Additional material for the Annual Wage Review 2018-19
          • Consultations for the Annual Wage Review 2018-19
          • Correspondence for the Annual Wage Review 2018-19
          • Decisions & statements for the Annual Wage Review 2018-19
          • Determinations for the Annual Wage Review 2018-19
          • National Minimum Wage Order 2019
          • Notices of listing for the Annual Wage Review 2018-19
          • Research for the Annual Wage Review 2018-19
          • Statistical reporting for the Annual Wage Review 2018-19
          • Submissions for the Annual Wage Review 2018-19
            • Initial submissions for the Annual Wage Review 2018-19
            • Submissions in reply for the Annual Wage Review 2018-19
          • Timetable for the Annual Wage Review 2018-19
          • Transcripts for the Annual Wage Review 2018-19
        • Annual wage reviews archive
          • Annual Wage Review 2012–13
      • Application to terminate the Apple Retail Enterprise Agreement 2014
      • Award flexibility – Hospitality and retail sectors
        • Application to vary the Hospitality Award
        • Application to vary the Restaurant Award
        • Application to vary the Retail Award
        • Background material
        • Correspondence
        • Decisions and statements
        • Notices of listing and directions
        • Research and data
        • Submissions
        • Transcript
      • Ballot for withdrawal of ME Division from CFMMEU
      • Family and domestic violence leave review
        • Decisions & statements
      • Proposed On Demand Delivery Services Award (Menulog)
      • Review of certain C14 rates in modern awards
      • Superannuation fund reviews
      • Work value case – Aged Care Industry
        • Correspondence
        • Decisions & statements
        • Notices of listing & directions
        • Research and information
        • Submissions
        • Transcript
      • Previous major cases
        • Application to terminate the IPCA (VIC, ACT & NT) Agreement 2011
        • Ballot for withdrawal of ME Division from CFMMEU
        • Ballot for withdrawal of Manufacturing Division from CFMMEU
        • Casual terms award review 2021
          • Background material
          • Correspondence
          • Decisions & statements
          • Determinations
          • Notices of listing & directions
          • Submissions
          • Transcripts
          • All documents
        • Clerks – Private Sector Award – Work from home case
        • Equal Remuneration Case 2010-12
          • Applications
          • Correspondence
          • Decisions & statements
          • Draft orders
          • Exhibits
          • Notices of listing
          • Site inspections
          • Submissions
          • Timetable
          • Transcripts
        • Equal Remuneration and Work Value Case
          • Applications
          • Correspondence
          • Decisions and statements
          • Legislation
          • Notices of listing and directions
          • Orders
          • Papers
          • Submissions
          • Timetable
          • Transcript
        • Health sector awards – pandemic leave case
          • Applications
          • Correspondence
          • Decisions and statements
          • Determinations
          • Information notes and articles
          • Notices of listing and directions
          • Orders
          • Submissions and witness statements
          • Transcript
        • Modern awards review 2012
          • Awards reviewed 2012
        • Svitzer Australia Pty Limited industrial action
        • Undergraduate qualifications review
    • Case law benchbooks
      • Anti-bullying benchbook
        • Overview of benchbook
        • What is workplace bullying?
        • Who is covered?
          • Definition of ‘worker’
          • Definition of ‘constitutionally-covered business’
            • What is a person conducting a business or undertaking?
            • What is a Territory or a Commonwealth place?
            • What is a constitutional corporation?
            • What is the Commonwealth?
        • When is a worker bullied at work?
          • What does ‘at work’ mean?
          • Risk of continued bullying
          • What does ‘Reasonable management action’ mean?
        • Making an application
        • Responding to an application
        • What if the worker has been dismissed etc
        • Commission processes
          • Procedural issues
          • Representation by lawyers and paid agents
        • Evidence
        • What are the outcomes?
          • When can the Commission dismiss an application?
          • Contravening an order of the Commission
        • Associated applications
          • Costs
          • Appeals
          • Role of the Court
      • Enterprise agreements benchbook
        • Overview of benchbook
        • What is an enterprise agreement?
          • Single-enterprise agreement
          • Multi-enterprise agreement
          • Differences between single and multi-enterprise agreements
          • Greenfields agreement
        • Content of an enterprise agreement
          • Permitted matters
          • Coverage
          • Scope – who will be covered?
          • Terms & conditions of employment
          • Base rate of pay
          • Nominal expiry date
          • Mandatory terms
          • Flexibility term
          • Consultation term
          • Dispute settlement term
          • Optional terms
          • Terms that cannot be included
            • Terms that exclude the NES
            • Unlawful terms
            • Designated outworker terms
        • Agreement making process
          • Representation
          • Employees must be notified of their right to be represented
          • Bargaining representatives
        • Bargaining
          • Good faith bargaining
          • How long does bargaining take?
        • Voting
          • Voting process
          • Who can vote?
          • Timeframe for vote
          • Voting methods
          • When is an agreement made?
        • What happens if the parties cannot agree?
        • Making an application
          • Common defects & issues
            • National Employment Standards – common defects & issues
            • Better off overall test – common defects & issues
            • Mandatory terms – common defects & issues
            • Other terms of the agreement
            • Pre-approval requirements – common issues
            • Forms & lodgment – common defects & issues
          • Who must apply
          • Timeframe to apply – within 14 days
          • Material to accompany application
          • Signing an agreement
          • Employer must notify employees
        • Commission approval process
          • Genuine agreement
            • Minor procedural or technical errors
          • Where a scope order is in operation
          • Particular kinds of employees
          • Better off overall test (BOOT)
            • When an agreement passes
            • Classes of employees
            • Which award applies
            • Advice about coverage
            • Loaded rates of pay
          • Public interest test
          • Undertakings
          • Powers of the Commission
        • Associated applications
          • Majority support determinations
          • Authorisations to commence bargaining
            • Single interest employer authorisations
            • Ministerial declaration
            • Low-paid authorisations
          • Scope orders
          • Bargaining orders
          • Serious breach declarations
          • Disputes
          • Workplace determinations
            • Low-paid workplace determinations
            • Industrial action related workplace determinations
            • Bargaining related workplace determinations
          • Role of the Court
          • Appeals
          • Varying enterprise agreements
            • Varying by agreement
            • Ambiguity or uncertainty
            • Casual employee definition and casual conversion provisions
            • Discrimination
          • Terminating enterprise agreements
            • Terminating by agreement
            • After its nominal expiry date
          • Terminating individual agreements
      • General protections benchbook
        • Overview of benchbook
          • When is a person covered by the general protections?
        • What are the general protections?
        • How do the general protections work?
          • Rebuttable presumption as to reason or intent
        • Coverage for general protections
          • What is a constitutionally-covered entity?
          • What is a Territory or a Commonwealth place?
          • What is a trade and commerce employer?
          • What is a Territory employer?
          • What is a national system employer?
        • What if I am not covered by the general protections?
        • What is adverse action?
          • What is dismissal?
          • What is ‘injuring’ the employee in his or her employment?
          • What is altering the position of the employee to the employee’s prejudice?
          • What is discriminating between the employee and other employees of the employer?
          • Threatened action and organisation of action
          • Exclusions
        • Workplace rights – Division 3
          • Meaning of workplace right
          • Coercion
          • Undue influence or pressure
          • Misrepresentations
          • Requiring the use of COVIDSafe
        • Industrial activities – Division 4
          • What are industrial activities?
          • Coercion
          • Misrepresentations
          • Inducements – membership action
        • Other protections – Division 5
          • Discrimination
            • Race
            • Colour
            • Gender identity & sexual orientation
            • Age
            • Physical or mental disability
            • Marital status
            • Family or carer’s responsibilities
            • Pregnancy
            • Religion
            • Political opinion
            • National extraction
            • Social origin
          • Exceptions
          • Temporary absence – illness or injury
          • Bargaining services fees
          • Coverage by particular instruments
          • Coercion – allocation of duties to particular person
        • Sham arrangements – Division 6
          • Misrepresenting employment
          • Dismissing to engage as independent contractor
          • Misrepresentation to engage as independent contractor
        • Making an application
          • Dismissal applications
            • Timeframe for lodgment
            • Late lodgment
          • Non-dismissal applications
          • Other types of applications
            • Multiple actions relating to dismissal
            • Unfair dismissal
            • Unlawful termination
            • Court application (interim injunction)
            • Discrimination
        • Power to dismiss applications
        • Evidence
        • Commission process
          • Conferences & hearings
          • Dealing with different types of general protections disputes
          • Rescheduling or adjourning matters
          • Representation by lawyers and paid agents
          • Bias
        • Outcomes
        • Costs
          • When are costs ordered by the Commission?
          • Costs against representatives
        • Appeals
        • Role of the Court
          • Enforcement of Commission orders
          • Types of order made by the Court
      • Industrial action benchbook
        • What is industrial action?
          • Unprotected industrial action
            • Orders to stop or prevent unprotected industrial action
          • Protected industrial action
            • Immunity
            • Common requirements
            • Employee claim action
            • Employer response action
            • Employee response action
            • Pattern bargaining
        • Taking protected industrial action
          • Protected action ballots
            • Who may apply?
            • Making an application
            • Commission process
            • Varying a protected action ballot order
            • Revoking a protected action ballot order
          • Voting
            • Ballot agents
            • Who may vote – roll of voters
            • Ballot papers
            • Voting procedure
            • Scrutiny of the ballot
            • Results of the ballot
            • When is industrial action authorised?
          • Notice requirements
          • Commencing protected industrial action
        • Payments relating to industrial action
          • Partial work bans
          • Unprotected industrial action – payments
          • Standing down employees
        • Suspension or termination of protected industrial action
          • Powers of the Commission
            • When the Commission may suspend or terminate
            • When the Commission must suspend or terminate
              • Threats to persons or the economy
              • Suspending industrial action
            • Requirements relating to a period of suspension
          • Powers of the Minister
        • Enforcement
        • Appeals
      • Sexual harassment benchbook
        • Overview of benchbook
        • What is sexual harassment?
        • Who is covered by the laws to stop sexual harassment at work?
          • Definition of ‘Worker’
          • Definition of ‘constitutionally-covered business’
            • What is a person conducting a business or undertaking (PCBU)?
              • What is a Commonwealth authority?
              • What is a Territory or a Commonwealth place?
              • What is a body corporate incorporated in a Territory?
              • What is the Commonwealth?
        • When is a worker sexually harassed at work?
          • What does ‘at work’ mean?
          • Reasonable belief of bullying or sexual harassment at work
        • Risk of continued sexual harassment
          • Absence of future risk of sexual harassment
          • Change in circumstances
          • Other options for workers who are no longer working for the employer/principal
        • Making an application
          • Responding to an application
        • Commission process – Hearings and conferences
          • Powers of the Commission
          • Procedural issues
          • Representation by lawyers and paid agents
            • Notification of ‘acting for’ a person
            • What is representation?
            • When will permission be granted?
            • Exception – Conference by staff conciliator
            • Representation – Not in a conference or hearing
          • Bias
          • Rescheduling or adjourning matters
        • Evidence
          • Privilege against self-incrimination
        • What are the outcomes?
          • Conciliated outcomes
          • Orders to stop bullying or sexual harassment (or both) at work
          • Considerations
          • When can the Commission dismiss an application?
          • Contravening an order of the Commission
        • Associated applications
          • Costs
            • What are costs?
            • Applying for costs
            • When are costs ordered?
          • Appeals
          • Role of the Court
      • Unfair dismissals benchbook
        • Overview of unfair dismissal
        • Coverage for unfair dismissal
          • Who is protected from unfair dismissal?
          • People excluded from national unfair dismissal laws
            • Independent contractors
            • Labour hire workers
            • Vocational placements & volunteers
            • Public sector employment
          • Constitutional corporations
          • High income threshold
          • Modern award coverage
          • Application of an enterprise agreement
          • What is the minimum period of employment?
            • How do you calculate the minimum period of employment?
            • What is continuous service?
            • What is an excluded period?
          • Bankruptcy
          • Insolvency
        • What is dismissal?
          • When does a dismissal take effect?
          • Terminated at the employer's initiative
          • Forced resignation
          • Demotion
          • Contract for a specified period of time
          • Contract for a specified task
          • Contract for a specified season
          • Training arrangement
          • What is a transfer of employment?
          • Periods of service as a casual employee
          • What is a genuine redundancy?
            • Job no longer required due to changes in operational requirements
            • Consultation obligations
            • Redeployment
          • What is the Small Business Fair Dismissal Code?
        • What makes a dismissal unfair?
          • Valid reason relating to capacity or conduct
            • Capacity
            • Conduct
          • Notification of reason for dismissal
          • Opportunity to respond
          • Unreasonable refusal of a support person
          • Warnings – unsatisfactory performance
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Privacy policy

Introduction

Our Privacy policy sets out how we collect, hold, use and disclose personal information. It also explains how you can access and correct your personal information held by us.

On this page:

  • Purpose and application of this Policy
  • Definitions
  • Legislative and policy framework
  • Functions and activities of the Commission
  • Collection of personal information
  • Collection of personal information directly from the individual
  • Collection of information from third parties
  • Anonymity and pseudonymity
  • Sensitive information
  • Collection through CCTV
  • Collection through courtroom monitoring
  • Collection of information in applications lodged by telephone or email
  • Collection of information in applications lodged through the Commission’s website
  • Collection through the Commission’s website - general
  • Collection of unsolicited information
  • Use and disclosure of personal information
  • Permitted general situations
  • Overseas disclosure
  • Storage and security of hard copy and electronic files
  • Accessing and correcting personal information
  • Complaints
  • Dictionary
Content

Purpose and application of this Policy

1.1 This Policy sets out how Commission Members and Commission staff collect, hold, use and disclose personal information and how individuals may access and correct personal information held by the Fair Work Commission.

Definitions

  1. 1 Definitions are set out in the Dictionary in section 12. Defined terms are indicated in bold the first time they appear in this Policy.

Legislative and policy framework

  1. 1 The Commission is Australia’s national workplace relations tribunal. It is an independent body with power to carry out a range of functions under the Fair Work Act, the Registered Organisations Act and the WHS Act.
  1. 2 Under section 589 to section 593 of the Fair Work Act, Commission Members have a broad discretion as to how they conduct proceedings and inform themselves in relation to a matter before them. The Commission is authorised by section 590 of the Fair Work Act to inform itself in relation to any matter before it in such a manner as it considers appropriate, and the Commission may make decisions as to how, when and where a matter is to be dealt with (section 589). Section 577 of the Fair Work Act requires the Commission to perform its functions and exercise its powers in a manner that is fair, just, open and transparent.
  1. 3 The Privacy Act requires the Commission to comply with the APPs in dealing with personal information. The APPs regulate how agencies collect, hold, use and disclose personal information, and how individuals may access and correct personal information held by agencies.
  1. 4 The OAIC is established by the Australian Information Commissioner Act 2010 (Cth) and is responsible for providing advice on and conducting investigations under the Privacy Act. The OAIC website contains information and resources about privacy on the Privacy law page.
  1. 5 In addition, section 72E of the Public Service Act 1999 (Cth) and regulation 9.2 of the Public Service Regulations 1999 (Cth) regulate how the Commission can use and disclose the personal information of its employees.

Functions and activities of the Commission

4.1 The Commission collects and handles personal information in exercising its powers and performing its functions and activities. The following list broadly describes the functions and activities for which the Commission collects, holds, uses and discloses personal information:

  1. dealing with applications under the Fair Work Act, including: unfair dismissal, unlawful termination, anti-bullying and general protections applications; dealing with disputes and applications to approve and vary enterprise agreements, and conducting modern award reviews and annual wage reviews
  2. dealing with applications for fee waivers
  3. performing functions in relation to registered organisations under the Registered Organisations Act, Fair Work Act and WHS Act
  4. activities relevant to the General Manager’s functions under the Textile, Clothing, Footwear and Associated Industries Award 2010
  5. dealing with enquiries, feedback and complaints from the general public
  6. providing subscription services to the general public
  7. publishing benchbooks, practice notes and other resources which contain information on how the Fair Work legislation and case law have been applied in Commission decisions
  8. conducting research projects related to the Commission’s functions
  9. conducting the Commission’s national and international engagement program
  10. dealing with protected disclosures under the whistleblower provisions of the Registered Organisations Act and under the PID Act
  11. processing requests for access to documents or information under the Commission’s Access to Case File Documents Policy, FOI Act or Privacy Act
  12. managing the Commission’s human resources and facilities, and
  13. other administrative or incidental activities including procuring goods and services, inter-agency communications, complying with reporting requirements and media communications.

Collection of personal information

  1. 1 The Commission collects personal information for the purpose of performing the functions and activities described in paragraph 4.1.
  1. 2 The Privacy Act requires the Commission to only collect personal information when it is reasonably necessary for, or directly related to, the Commission’s functions or activities.
  1. 3 The kinds of personal information the Commission routinely collects in performing its functions and activities include:
  1. name
  2. age
  3. address
  4. phone number
  5. email address
  6. gender
  7. title
  8. employment history
  9. educational and professional qualifications
  10. financial history, salary and wage information, and
  11. whether a person requires assistance to access the Commission’s services such as an interpreter.
  1. 4 The Commission collects personal information from various sources including documents lodged with the Commission, telephone conversations, emails and from disclosures made during hearings.

Collection of personal information directly from the individual

  1. 5 The Commission collects personal information directly from the individual to whom it relates, for example, when the individual:
  1. lodges an application under the Fair Work Act, the Registered Organisations Act or the WHS Act, or is involved in proceedings before the Commission
  2. lodges an application for waiver of a Commission application fee
  3. provides feedback or makes an enquiry or information request to the Commission, and
  4. applies for a job with the Commission.

Collection of information from third parties

  1. 6 The Commission also collects personal information from other persons and sources including where:
  1. this is required or authorised by or under an Australian law (such as section 590 of the Fair Work Act)
  2. the individual has consented to the collection from someone other than the individual
  3. this is required or authorised by an order of the Commission or other court or tribunal, or
  4. it is not possible or it is impracticable to collect the information from the individual concerned.
  1. 7 Section 590(1) of the Fair Work Act states that the Commission may 'inform itself in relation to any matter before it in such manner as it considers appropriate'. The nature of proceedings before the Commission means that it is often impracticable or impossible for the Commission to collect personal information about an individual only from that individual. Sometimes the Commission will collect personal information (including sensitive information) about an individual from third parties including other parties or witnesses in a matter. For example, an unfair dismissal application might include personal information about an applicant’s supervisor or co-workers.
  1. 8 Where the FWC Rules or an approved Commission form requires certain information to be lodged with the Commission, the collection of that information is also authorised by law. For example, where a Commission form requires an applicant to provide specific information about another person (eg the contact details for the respondent), the collection of that information by the Commission is authorised by law.
  1. 9 Where an individual has appointed a person to represent them in a Commission matter, the Commission will treat the individual as having consented to the Commission’s collection of personal information about the individual from their representative (rather than directly from them).
  1. 10 Where the Commission is provided with personal information about an individual by a third party (for example, in an application form or a witness statement) the Commission generally will not be able to notify the individual that it has collected their information. As explained in the Privacy Notices attached to the Commission’s forms, parties who provide the Commission with personal information about another individual should provide that individual with a copy of the relevant Privacy notice.
  1. 11 In managing the Commission’s human resources, sometimes the Commission will collect personal information about Commission staff from third parties including other Commission staff.

Anonymity and pseudonymity

  1. 12 The nature of most of the Commission’s functions and activities is such that participants must provide their name and contact information. For example, the Commission can only deal with an application under the Fair Work Act from an individual if the individual identifies themself.
  1. 13 However, where it is possible to do so, the Commission allows individuals to interact with it anonymously or by using a pseudonym. For example, if a person contacts the Commission with a general enquiry, the Commission will not require the person to provide their name unless it is needed to adequately deal with their question.

Sensitive information

  1. 14 The Commission’s functions and activities mean that it regularly collects sensitive information. The Commission collects sensitive information where:
  1. the collection is required or authorised by or under an Australian law (such as section 590 of the Fair Work Act)
  2. the individual consents (including impliedly) to the collection and the information is reasonably necessary for, or directly related to, one or more of the Commission’s functions or activities
  3. the collection is required or authorised by or under an Australian court or tribunal order, or
  4. a Permitted General Situation exists under section 16A of the Privacy Act. For more information about Permitted General Situations, see Section 7 below.
  1. 15 The kinds of sensitive information that may be collected by the Commission include:
  1. membership of professional or trade associations
  2. union membership
  3. criminal record
  4. health information
  5. information about disabilities
  6. racial or ethnic origin, and
  7. sexual orientation.

Collection through CCTV

  1. 16 The Commission operates CCTV cameras at most of its premises in courtrooms and public areas such as the registry. Video footage may be recorded of any individual in these areas. This information is collected to ensure the safety and security of the public and Commission Members, staff and facilities.

Collection through courtroom monitoring

  1. 17 Commission hearings and determinative conferences are generally audio recorded. Major cases may also be video recorded and live-streamed on the Commission’s website. Private hearings and other conferences may also be audio recorded in some instances (however confidential conciliations are generally not recorded). Personal information collected in recordings may include personal and sensitive information about the parties to the matter, witnesses and third parties.
  1. 18 This information is collected to make an accurate record of the Commission proceedings and, where appropriate, to facilitate the preparation of transcript.

Collection of information in applications lodged by telephone or email

  1. 19 To lodge an application over the telephone or via email, a party must provide their name, address, telephone number, fax number (if any) and email address. These details are required so that the Commission can send relevant documents and information to the party.
  1. 20 If payment of an application fee is required, payment can be made over the telephone using the secure credit card payment facility. The Commission provides the person’s credit card details to the Commission’s credit card service provider to process the transaction, but does not retain the credit card details required to carry out the transaction. The information required to carry out the transaction may be retained by the third party to facilitate future transactions including refunds or to meet legal obligations. Transactions are processed using industry standard encryption protocols.
  1. 21 Where payment is made by methods other than credit card, the Commission retains the name and address of the payer and the associated Commission matter number, for the purposes of processing refunds.

Collection of information in applications lodged through the Commission’s website

  1. 22 Applications lodged via the Commission’s website are secured using industry standard encryption and security protocols.
  1. 23 To lodge applications online, a party must provide their name, telephone number, postal address and email address. These details are required so that the Commission can send relevant documents and information to the party.
  1. 24 If a person chooses to pay an application lodgement fee using the secure credit card payment facility, they are asked to provide credit card details. The party provides this information to the Commission’s credit card service provider to process the transaction. The information required to carry out the transaction is entered by the party directly into the third party’s secure payment site, and may be retained by the third party to facilitate future transactions including refunds or to meet legal obligations. Transactions are processed using industry standard encryption protocols.
  1. 25 The person’s contact information is kept by the Commission to process transactions. It will not be published or passed onto any other third parties. The Commission does not retain any credit card information from the online payment process.
  1. 26 If a person does not wish to provide personal details over the internet, documents can be lodged in person or mailed to the Commission.

Collection through the Commission’s website - general

  1. 27 Where the Commission’s website allows a person to make comments, submit a question or give feedback, the Commission will collect the person’s name, email address, phone number, State/Territory location and any other personal information contained in the comments, question or feedback. The Commission may use the contact details to respond to the person.
  1. 28 The Commission uses cookies on its website to see patterns in usage of its website. A cookie is a small text file the Commission’s server puts on the person’s hard drive, that shows that the person has visited the website more than once. Cookies ‘remember’ the person’s browser between page visits.
  1. 29 When a person visits the Commission’s website, the Commission also records the following anonymous information about the visit for statistical purposes:
  1. the server address
  2. the operating system (eg Windows, Mac);
  3. the top-level domain name (eg .com, .gov, .au, .uk)
  4. the date and time
  5. the pages looked at and documents downloaded
  6. when the person last visited the website, and
  7. the browser used (eg Internet Explorer, Firefox).
  1. 30 The Commission maintains and monitors online security systems to ensure a secure online environment and that the personal information of people using the Commission’s website is appropriately protected during transmission.
  1. 31 When a person is using the Commission’s website, the Commission provides encrypted connections between the browser running on the person’s computer and the Commission’s online site or services that use third party validated certificates. The encryption process the Commission uses is Secure Socket Layer (SSL).

Collection of unsolicited information

  1. 32 Sometimes personal information is not sought by the Commission but is sent to the  Commission by either the individual or a third party without prior request. Where unsolicited information is received, the Commission will, within a reasonable period, determine whether that information is reasonably necessary for, or directly related to, one or more of the Commission's functions or activities. If not, the Commission will, as soon as practicable, destroy or de-identify the information, subject to the requirements of the Archives Act 1983 (Cth) in relation to Commonwealth records. If the information does relate to one or more of the Commission's functions or activities, the Commission will notify the individual of the purpose of collection and its intended uses and disclosures according to the requirements of the APPs, unless it is impractical or unreasonable to do so. 

Use and disclosure of personal information

  1. 1 The Commission uses and discloses personal information for the primary purpose for which it was collected. For example, the Commission will usually disclose the personal information it collects from a party to a matter to any other party (or their nominated representatives) for the purpose of dealing with the matter. If a party fails to send copies of material lodged with the Commission (such as emails, correspondence and documents) to the other parties to the matter, the Commission will usually forward copies to the other parties.
  1. 2 The Privacy Act permits the Commission to use or disclose personal information for another purpose (a secondary purpose) in specified circumstances, including where:
  1. the person has consented to the use or disclosure
  2. the person would reasonably expect the Commission to use or disclose the information for the secondary purpose, and the secondary purpose is related to the primary purpose for which the information was collected or, in the case of sensitive information, is directly related to the primary purpose
  3. the use or disclosure is required or authorised by or under an Australian law, such as the FOI Act, Fair Work Act or Registered Organisations Act. For example, section 655 of the Fair Work Act provides that in some circumstances, the President of the Commission may disclose or authorise the disclosure of information held by the Commission, and section 329G of the Registered Organisations Act makes similar provision for the General Manager of the Commission to authorise the disclosure of information acquired in performing functions under that Act
  4. the use or disclosure is required or authorised by or under an Australian court or tribunal order
  5. a “Permitted General Situation” exists under section 16A of the Privacy Act (see Section 7 below), or
  6. the Commission reasonably believes that the use or disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.

Information published on the Commission’s website

Hearing lists

  1. 3 The Commission publishes on its website lists for hearings and conferences on the current day and following six days (hearings lists). Hearings lists generally include the names of any individual parties, the type of application, matter number and time and date of the proceedings. Not all cases or case details may be listed on the  Commission's website. For more information about non-publication orders see paragraph 6.13 below.
  1. 4 Details of hearings and conferences held at Commission premises are generally published on the hearing screens at the relevant Commission registry on the day.
  1. 5 The Commission will not acknowledge receipt of an unfair dismissal, unlawful termination, anti-bullying or general protections application to the public, unless and until the matter is published on its website hearings list.

Hearings, decisions and transcripts

  1. 6 Commission hearings are generally open to the public. Information disclosed during a hearing will include the names and other personal information of parties, witnesses and other third parties.
  1. 7 Where a transcript of a hearing is produced, the Commission will generally publish the transcript on the Commission’s website.
  1. 8 The Commission will not publish transcripts of hearings at first instance in relation to unfair dismissal, unlawful termination, anti-bullying or general protections applications. If such matters are appealed, the transcript of appeal proceedings may be published. The Commission will not publish transcripts of hearings to the extent that they are subject to confidentiality or non-publication orders (see paragraph 6.13 below).
  1. 9 Commission conferences are generally conducted in private and any transcript will not be published.
  1. 10 In general, the Commission is required under section 601 of the Fair Work Act and section 337K of the Registered Organisations Act to publish Commission decisions, including Commission decisions made following a determinative conference. Commission decisions may include personal information, including information disclosed during the hearing and in documents before the Commission. The Commission also publishes enterprise agreements approved by the Commission (usually the copy of the agreement lodged with the approval application (including the signature page)), together with any undertakings accepted by the Commission in approving the agreement. 
  1. 11 The Commission publishes decisions and enterprise agreements electronically on its website and online databases. The Commission does not give a general consent to the contents of these databases being indexed by other websites and search engines. The Commission attempts to prevent such indexing by placing these databases outside the permitted scope of web ‘crawlers’, ‘robots’ and ‘spiders’ that adhere to the voluntary Standard for Robot Exclusion.
  1. 12 The Commission provides Commission decisions to the Australian Legal Information Institute website. Some decisions may also be reported, republished or linked on other websites, in the media or in workplace relations publications. The Commission does not control the content of other websites and cannot prevent Commission decisions from being indexed by other websites or search engines.
  1. 13 One exception to the requirement for the Commission to publish a decision made under the Fair Work Act is where the Commission has made a confidentiality or non-publication order. Sections 593(3) and 594(1) of the Fair Work Act provide that, if it is satisfied that it is desirable to do so, the Commission may make orders for a hearing to be held in private or orders prohibiting or restricting the publication of:
    1. the names and addresses of persons appearing at the hearing or making a submission in relation to the matter
    2. certain information given in evidence in relation to the matter or contained in documents lodged with the Commission, or
    3. the whole or any part of the Commission’s decision or reasons in relation to the matter.
  1. 14 Once issued, Commission decisions can only be varied or removed from the Commission website in the limited circumstances provided by the Fair Work Act.

Other published documents

  1. 15 The Commission also routinely publishes other documents which may contain personal information. These include:
    1. submissions, documents and correspondence received by the Commission in relation to major Commission cases including the Annual Wage Review, 4 yearly review of modern awards and equal remuneration cases
    2. applications to vary modern awards and other award-related applications and associated documents lodged with the Commission
    3. applications before the Commission for the approval of enterprise agreements
    4. names of current entry permit holders
    5. documents which have been released under the FOI Act that are required to be published on the Commission’s FOI Disclosure Log
    6. submissions to Commission research projects and in published research reports (where the information has not been obtained by the Commission confidentially or on the basis that the information will be de-identified)
    7. notices in the Government Notices Gazette relating to Registered Organisations Act applications (for the alteration of an organisation’s rules or an organisation’s registration or cancellation of registration), and
    8. benchbooks, practice notes and other resources that include case examples and case references.

Disclosures through the Commission’s External Audio Portal

  1. 16 A party to a hearing or their nominated representative may request access to an audio recording of the hearing via the Commission’s EAP. This allows parties or their nominated representatives to review an accurate and authorised record of proceedings. 
  1. 17 Access to an audio recording is at the Commission’s discretion. A party who requests access must agree to the Commission’s Audio recordings terms of use. Where access is granted, the party will be able to stream the audio recording using a media player on the EAP website.

Disclosures for research, training and related purposes

  1. 18 The Commission records voicemail messages, and records some calls to and from the Commission for training purposes.
  1. 19 Personal information may also be accessed by Commission Members or staff on a confidential basis for professional development purposes, conducting research projects related to the Commission’s functions, or in order to identify improvements to Commission processes and procedures.

Disclosures to contracted service providers

  1. 20 The Commission provides personal information collected in audio and video recordings of hearings to its monitoring and transcription service provider so the provider can prepare a transcript of the hearing (if ordered) and make audio recordings available to parties via the EAP. The Commission also provides personal information collected in requests to access audio recordings or transcripts to the provider, to process the request.
  1. 21 The Commission uses other service providers to assist it in carrying out its functions and activities. These include external legal advisers, translators, interpreters and information technology (IT) providers. The Commission discloses personal information to IT providers that host the Commission's website servers, manage the Commission's IT and store the Commission's information (including human resources information). The Commission requires its service providers to protect the confidentiality of any personal information disclosed to them for the purpose of providing the services.

Disclosures under the Access to case file documents policy

  1. 22 The Commission may disclose documents on case files in accordance with its Access to case file documents policy. This Policy sets out when access may be granted to documents on a Commission case file to the parties to the matter or to non-parties.
  1. 23 Access to documents on a case file is at the discretion of the Commission. Access to documents on open Commission matters is subject to the consent of the presiding Member.

Disclosures required or authorised by or under law

  1. 24 Under the Privacy Act, disclosure of personal information for a secondary purpose is permitted if the disclosure is required or authorised by or under an Australian law or a court or tribunal order. Under section 589 to section 593 of the Fair Work Act, Commission Members have a broad discretion as to how they conduct proceedings and inform themselves in relation to a matter before them. For example, if a telephone call to or from the Commission has been recorded, the call recording may be made available to a Member to assist them in dealing with a matter.
  1. 25 The Commission may be required or authorised by or under law or by a court or tribunal order (including the Commission’s own order) to disclose personal information it has collected. This includes where the Commission is required to comply with a subpoena, notice to produce or other court order, or where the disclosure is authorised pursuant to the Fair Work Act or Registered Organisations Act.

Disclosure required by the Building and Construction Industry (Improving Productivity) Act 2016

  1. 26 The Commission will disclose personal information it has collected when it notifies the Australian Building and Construction Commission of applications and the outcomes of applications made to the Commission under the Fair Work Act or the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) which relate to a building industry participant or building work.
  1. 27 This notification is required by section 112 of the Building and Construction Industry (Improving Productivity) Act 2016.

Disclosure required or authorised under the FOI Act

  1. 28 The Commission will disclose personal information it has collected where disclosure is required or authorised by the FOI Act. For more information on disclosure under the FOI Act, see the Commission’s Freedom of Information web page.

Disclosure required under the Notifiable Data Breaches Scheme in the Privacy Act

  1. 29 The Commission will disclose personal information it has collected if it is required to notify the Australian Information Commissioner about the loss or unauthorised access to or disclosure of personal information held by the Commission which is likely to result in serious harm to affected individuals.

Disclosure required or authorised under the Public Service Act 1999 or the PID Act

  1. 30 The Commission may disclose personal information about a member of Commission staff, including where:
    1. the disclosure of the personal information is necessary or relevant to the General Manager’s employer powers under the Public Service Act 1999 (such as when engaging employees, determining the terms and conditions of employment, and in relation to employee moves between agencies), or
    2. the personal information is disclosed for the purposes of the PID Act.

Permitted general situations

  1. 1 The Privacy Act permits the collection, use and disclosure of personal information in a number of permitted general situations, including where:
  1. the collection, use or disclosure is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim by the Commission
  2. the collection, use or disclosure is reasonably necessary for a confidential alternative dispute resolution process, such as Commission conciliations
  3. it is unreasonable or impracticable to obtain the person’s consent and the Commission reasonably believes that the collection, use or disclosure of the personal information is necessary to lessen or prevent a serious threat to the life, health or safety of any person, or to public health or safety, or
  4. the Commission has reason to suspect that unlawful activity or serious misconduct relating to the Commission’s functions or activities has, is or may be engaged in, and the Commission reasonably believes that the collection, use or disclosure is necessary in order for it to take appropriate action in response.
  1. 2 For example, a permitted general situation may arise where a telephone call to the Commission is recorded because the caller threatens to harm themselves or another person.

Overseas disclosure

  1. 1 The Commission may disclose personal information to overseas recipients to perform its functions or activities (see Section 6 above). Generally, information will only be disclosed overseas where:
    1. a person involved in a Commission matter is located in another country
    2. the information is used by the Commission in delivering its international engagement program
    3. the Commission publishes personal information on the internet and it is accessed by someone overseas
    4. the Commission responds to feedback, enquiries, complaints and access requests made by someone located overseas, or
    5. information is disclosed to a third party service provider located overseas.
  1. 2 Where the Commission discloses personal information to a third party service provider located overseas, generally one of the following will apply:
  1. the overseas recipient is subject to a law or binding scheme that protects the information in a way that is substantially similar to the APPs, and the individual to whom the personal information relates can access mechanisms for protecting their privacy
  2. the Commission has taken reasonable steps to ensure that the overseas recipient does not breach the APPs, or
  3. the individual has consented to disclosure after being expressly informed that the Commission will not be taking reasonable steps to ensure that the overseas recipient does not breach the APPs.

Storage and security of hard copy and electronic files

  1. 1 The Commission holds personal information in a range of paper-based and electronic records, including cloud computing. All information held by the Commission must be retained and disposed of in accordance with the Australian Government's information management regime, including the Archives Act 1983 (Cth),  Records Authorities and General Disposal Authorities. This ensures personal information is held securely.
  1. 2 The Commission's networks and website have security features in place to protect the information that the Commission holds from misuse, interference and loss from unauthorised access, modification or disclosure. The Commission takes steps to protect the security of the personal information it holds from both internal and external threats by:
    1. monitoring and logging access to information systems to guard against potential misuse, interference, loss and unauthorised access, modification or disclosure of that information, and
    2. conducting internal and independent audits to assess the Commission’s information security controls.
  1. 3 Hard copy records stored on Commission premises are secured to restrict access to Commission Members, staff and authorised personnel. Archived files are held in secure storage in onsite and contracted off-site locations.
  1. 4 Electronic information is stored securely and access is restricted and monitored on an ongoing basis. The Commission adheres to the Australian Government’s Protective Security Policy Framework, which includes requirements with respect to information security. Further information about the Commission’s online security systems is at paragraphs 5.22 to 5.31 above.

Accessing and correcting personal information

  1. 1 Members of the public may seek access to their personal information held by the Commission and can also apply to amend or annotate their personal records under the Privacy Act or the FOI Act.
  1. 2 If a person wishes to access or correct their personal information under the Privacy Act, they should send a written request to:

Privacy
Email: privacy@fwc.gov.au
Post:   GPO Box 1994, Melbourne VIC 3001

  1. 3 The request should include the person's name, contact details, proof of identity and the relevant matter number (if any), and should explain what information the person is seeking to access or have corrected. The Commission will respond to access or correction requests under the Privacy Act within 30 days after the request is made. There is no charge for making such a request.
  1. 4 Under APP 13, the Commission is required to take such steps (if any) as are reasonable to correct personal information it holds about an individual to ensure, having regard to the purpose for which the information is held, that information is correct. However, Commission documents are generally Commonwealth records that can only be destroyed or altered in accordance with section 24 or section 26 of the Archives Act 1983 (Cth). For example, Commission staff cannot make corrections to personal information contained in documents lodged in a Commission proceeding or Commission decisions or orders.
  1. 5 In some circumstances, the Commission may decide that it is reasonable to associate a statement with a Commonwealth record stating that the record contains incorrect personal information and including the correct personal information or a reference to where it is held.
  1. 6 If the Commission refuses a request to access or correct personal information under the Privacy Act, the individual will be given a written notice explaining why the request was refused and how the individual can make a complaint about it.

Complaints

  1. 1 Any concerns or complaints regarding privacy should firstly be made in writing to the Commission using the contact details below:

Privacy
Email: privacy@fwc.gov.au
Post:   GPO Box 1994, Melbourne VIC 3001

  1. 2 For more information on the Commission’s general complaints procedure, please refer to the Commission’s Feedback and complaints webpage.
  1. 3 If a complainant is not satisfied with the Commission’s response to their privacy complaint they can make a complaint to the OAIC. Details of how to make an OAIC complaint can be found on the How do I make a privacy complaint? page on the OAIC's website.

Dictionary

  1. 1 In this Policy and in the Privacy Act:

Personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable:

  1. whether the information or opinion is true or not; and
  2. whether the information or opinion is recorded in a material form or not.

Sensitive information means:

  1. information or an opinion about an individual’s:
    1. racial or ethnic origin, or
    2. political opinions, or
    3. membership of a political association, or
    4. religious beliefs or affiliations, or
    5. philosophical beliefs, or
    6. membership of a professional or trade association, or
    7. membership of a trade union, or
    8. sexual orientation or practices, or
    9. criminal record,

    that is also personal information, or

  2. health information about an individual, or
  3. genetic information about an individual that is not otherwise health information, or
  4. biometric information that is to be used for the purpose of automated biometric verification or biometric identification, or
  5. biometric templates.
  1. 2 In this Policy:
  1. APPs means the Australian Privacy Principles in the Privacy Act
  2. case file means a file containing documents relating to a matter which is, or was, before the Commission (e.g. documents on an application for approval of an enterprise agreement file)
  3. CCTV means closed circuit television
  4. Commission means the Fair Work Commission
  5. Commission decision means a decision of the Commission, including reasons for the decision
  6. Commission Members means Members of the Commission appointed under the Fair Work Act or predecessor legislation
  7. Commission staff means all ongoing and non-ongoing APS employees, contractors and consultants who are engaged by the Commission, and secondees and students undertaking work experience or a professional placement with the Commission
  8. EAP means the Commission’s External Audio Portal
  9. Fair Work Act means the Fair Work Act 2009 (Cth)
  10. FOI Act means the Freedom of Information Act 1982 (Cth)
  11. FWC Rules means the Fair Work Commission Rules 2013
  12. OAIC means the Office of the Australian Information Commissioner
  13. PID Act means the Public Interest Disclosure Act 2013 (Cth)
  14. Privacy Act means the Privacy Act 1988 (Cth)
  15. Registered Organisations Act means the Fair Work (Registered Organisations) Act 2009 (Cth)
  16. WHS Act means the Work Health and Safety Act 2011 (Cth).

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Published by the Fair Work Commission (www.fwc.gov.au)
Last updated: 28 Oct 2022
Location on last update: https://www.fwc.gov.au/about-us/legal-and-freedom-information/privacy/privacy-policy