COVID-19 and its effects on our services

We follow the latest government advice to keep people safe when they come to the tribunal or our offices.

From time to time, we may have to make changes at short notice.

We are doing our best to deal with all cases quickly, but some things are taking longer than normal. You may need to wait longer on the phone to speak to us and we may need a little more time to reply to emails.

The pandemic has also had an impact on requests to change enterprise agreements and awards.

We encourage you to apply online or email documents to melbourne@fwc.gov.au. You can also send documents to your nearest Commission office.

If you are not sure what to do, you can call us on 1300 799 675.

We may be able to help if you have:

• a dispute about JobKeeper
• a dispute about the COVIDSafe app if you choose not to download or use it.

The Fair Work Ombudsman has information about Coronavirus and Australian workplace laws. They can give you advice on topics including:

• JobKeeper payments
• pay and sick leave entitlements
• stand downs from work
• school closures and taking care of a child
• other rights and responsibilities at work during the pandemic.

The ATO manages the JobMaker hiring credit scheme.

Vaccinations

All employers must minimise the risk of exposure to COVID-19 in the workplace. This is essential even where their employees have been vaccinated.

Information on vaccinations and what employees and employers can (and can’t) do, is available from:

• The Fair Work Ombudsman – COVID-19 vaccinations and the workplace
• Safe Work Australia – general and industry-specific guidance and requirements at COVID-19 vaccines information
• The Department of Health – Australia's COVID-19 vaccine rollout.

To deal with the effects of Covid-19, some businesses need to change enterprise agreements or other instruments. If your application to vary an agreement is urgent, email it to COVID19Applications@fwc.gov.au.

The pandemic is affecting many different types of case. We will tell you if we change anything about your case.

We hold conciliation and mediation sessions by phone

Some cases have conciliation or mediation as part of their process. Instead of meeting in person, you can take part from home or where you work. You and your lawyer or representative can join by phone conference. You don’t need to come to our offices.

We hold hearings and conferences by phone or videoconference

Where possible, we are holding hearings and conferences by phone or videoconference. When we contact you about a case, we will tell you how to take part.

As the restrictions ease, more hearings will be face-to-face. You should always follow the rules on wearing a mask in your state or territory. We may ask you to wear a mask during a face-to-face hearing, except when you are speaking.

Some cases are ‘on the papers’

We may not organise a hearing if a Commission Member decides to deal with your case ‘on the papers’. This means they will use the written materials you provide. You do not have to give evidence or submission in person.

If this happens, the Member will send you directions. 'Directions' tell you what evidence or submissions you need to give the Member. They use this to make a decision about your case.

We may delay some cases

It is not always suitable to hold a case by phone, videoconference or on the papers. We will postpone these cases until it is safe for them to take place face-to-face.

We ask for evidence and submissions by email

If we ask you for submissions or evidence (such as witness statements), please email them. The contact details are on the information we sent you about your hearing or conference. You can also contact us if you have any questions.

Some requirements for statutory declarations are different

You only need to fill out a statutory declaration if you are applying for a WHS entry permit. This is a rule in the Work, Health and Safety Act 2011, which has not changed.

For all other applications, you need to submit a declaration instead. You must sign the declaration before you send it to us. You do not need a witness to sign it and you no longer need to fill out a statutory declaration.

Part of the appeals process has changed

When you apply for permission to appeal, you need to create an appeal book. You should email this instead of sending a printed copy. Send the appeal book to melbourne@fwc.gov.au. The maximum email size is 10Mb.