Fair Work Commission

Introduction

Australia’s national workplace relations system, the Fair Work system, started on 1 July 2009 and was created by the Fair Work Act 2009. It covers the majority of workplaces in Australia.

The Fair Work system

The main organisations that make up Australia’s Fair Work system are:

Fair Work Commission

The Fair Work Commission can:

• set the safety net of minimum wages and employment conditions
• ensure the enterprise bargaining process is fair
• deal with protected and unprotected industrial action
• help with resolving workplace disputes, and
• deal with termination of employment matters.

Fair Work Ombudsman

The Fair Work Ombudsman can:

• help you find your correct pay rates, and help employers work out what they should be paying employees
• help you find out what your entitlements are for things like leave, overtime and allowances
• educate people about fair work practices, rights and obligations
• investigate complaints or suspected contraventions of workplace laws, awards and agreements
• act to enforce workplace laws
• work with industry, unions and other stakeholders
• help you manage business transfers, shutdowns and closures.

Australian Building and Construction Commission

The Australian Building and Construction Commission is responsible for ensuring that building work is carried out fairly, efficiently and productively in the building and construction industry.

Federal Court of Australia

The Federal Court of Australia has jurisdiction over all civil and criminal matters arising in the Fair Work jurisdiction.

An application for unfair dismissal, termination of employment or contravention of a general protection is first conciliated at the Fair Work Commission. If it’s not settled there, the applicant can then apply to start proceedings in the Federal Court or the Fair Work Division of the Federal Circuit Court (see below).

Fair Work Division of the Federal Circuit Court of Australia

The Fair Work Division of the Federal Circuit Court of Australia provides a simpler alternative to employment litigation in the Federal Circuit Court of Australia. It aims to operate informally, and uses streamlined procedures to deal with matters promptly and efficiently.

Workplace rights and obligations

Employers and employees in the national system all have the same workplace rights and obligations, regardless of which state they work in.