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For consultation: proposed amendments to our rules

07 Jun 2023

The Fair Work Commission today published the exposure draft of the Fair Work Commission Amendment (2023 Measures No. 1) Rules (the Amendment Rules) and Explanatory Statement, for consultation.

The Amendment Rules amend the procedural rules made by the President of the Fair Work Commission under section 609 of the Fair Work Act 2009.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (the Amending Act) received royal assent on 6 December 2022.

The Amendment Rules introduce new forms and procedural requirements to support changes made to the Fair Work Act by the Amending Act that commenced operation between 6 December 2022 and 6 March 2023.

The changes include:

  • new forms in relation to:
    • making a sexual harassment dispute application (including provisions for a joint application)
    • seeking an equal remuneration order, and
    • extending the default period for a zombie agreement
  • provision to join and remove parties to a sexual harassment application
  • rules to allow representation without the need to seek permission in a conference conducted by staff of the Commission in sexual harassment disputes
  • amendments to the stop bullying at work forms, and
  • new rules that allow service of documents on an authorised representative.
    We invite all interested parties to provide feedback on the exposure draft of the Amendment Rules. Any feedback should be emailed to by Monday, 19 June 2023.

    The Amendment Rules will be finalised and registered after considering all feedback received.

    Further amendment to the Rules will be required for subsequent changes made by the Amending Act to the Fair Work Act.  Further information will be provided in relation to these changes when available. 

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