The Commission’s Service Charter provides details of the nature and level of services our clients can expect from administrative staff. It provides information on how to make a complaint or to provide feedback. The Commission seeks to investigate and respond to complaints about staff of the Commission within 20 working days. The full Service Charter can be found at Appendix P.

The Member Code of Conduct (PDF) sets out how complaints against Members are dealt with by the President.

Complaints

During 2013–14 the Commission received 104 written complaints. This is one less than the previous year, where 105 written complaints were received.

The majority of complaints received about administrative staff related to unfair dismissal conciliations. However, in proportion to the number of conciliations conducted each year the number of related complaints is quite low, with 20 complaints from 10 972 conciliations conducted, which represents a rate of 0.18 per cent.

There was an increase in the number of complaints received in relation to the Commission’s processes. This is attributed to changes associated with our new website, changes to the way the Commission published decisions and requests for information in decisions to be suppressed. Information about how to make complaints was also refreshed during 2013–14.

Written complaints were responded to and finalised in an average of eight working days in the 2013–14 period. This is below the Commission’s target timeframe of 20 working days.

Table 36—Breakdown of complaints
Subject 2012–13 2013–14
Member conduct 10 8
Unfair dismissal conciliation1 25 20
Outcome of a matter2 9 12
Timeliness 9 2
Administration 15 13
Pay and entitlements3 7 1
Complaint relating to modern award or enterprise agreement4 1 4
Adjournment request refusal 6 3
Process5 7 24
Other6 16 17
Total 105 104
(1) Unfair dismissal conciliation includes conciliation processes and conciliator conduct.
(2) Complaints relating to the outcome of a matter include decisions of the Commission. These matters cannot usually be dealt with through the complaints process and usually require a formal appeal of the decision to be lodged.
(3) Complaints received by the Commission that are directed to the Fair Work Ombudsman for pay and entitlements are not counted.
(4) Complaints relating to the content of modern awards or enterprise agreements usually cannot be resolved through the complaints process and usually require a formal application to be lodged to amend or vary these instruments.
(5) Process relates to either a general dissatisfaction with one of the Commission’s processes or a fundamental misunderstanding of the process or the authority of the Commission.
(6) Other includes complaints about the new Find Commission decisions and orders web page and the updated website.

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