Annual Report 2016-17

Appendix D: Tables and figures reference data

 

https://www.fwc.gov.au/documents/documents/annual_reports/ar2017/fwc_annual_report_1617_part_5.pdf
Table D1: Annual wage review—timeliness
Target 2016–17 2015–16 2014–15 2013–14
30 June 6 June 2017 31 May 2016 2 June 2015 4 June 2014
Table D2: Enterprise agreements—timeliness, finalisation
  2016–17 2015–16 2014–15 2013–14
Target: median time of 32 days 32 18 21 17
No. of matters 5,606 5,449 6,005 6,800
Table D3: Industrial action—timeliness, listings
  2016–17 2015–16 2014–15 2013–14
Target: median time of 3 days 3 3 3 2
No. of matters 263 401 382 498
Table D4: Total applications, hearings and conferences, and decisions and orders
Item 2016–17 2015–16 2014–15 2013–14
Applications lodged 33,071 34,215 34,152 37,066
Hearings and conferences held 15,804 16,683 19,922 19,620
Decisions and orders published 11,103 12,140 12,440 13,302
Table D5: Enterprise agreements—results
Period Percentage
approved
without
undertakings
Percentage approved with undertakings Percentage withdrawn by applicant Percentage not approved or application dismissed Percentage of total applications approved
Jul–Dec13 74 20 4 2 94
Jan–Jun14 66 28 5 1 94
Jul–Dec14 65 27 6 2 92
Jan–Jun15 61 29 8 2 90
Jul–Dec15 61 28 10 1 89
Jan–Jun16 53 34 12 1 87
Jul–Dec16 59 31 10 <1 90
Jan–Jun17 39 43 17 1 82
Table D6: Hearings and conferences by Members
Venue 2016–17 2015–16 2014–15 2013–14
Adelaide 225 261 312 284
Brisbane 866 894 1,145 1,359
Canberra 120 117 124 214
Darwin 18 47 38 41
Hobart 47 70 103 70
Melbourne 2,080 2,228 3,479 3,653
Newcastle 0 95 154 230
Perth 618 683 627 727
Sydney 1,516 1,817 2,650 2,572
Wollongong 0 115 216 133
Other places 474 254 244 356
In chambers 5,543 5,662 5,690 6,028
Telephone 3,372 3,208 3,809 3,198
Video 925 1,232 1,331 755
Total 15,804 16,683 19,922 19,620
Table D7: Unfair dismissal—conciliation matters, size of employer
Number of employees1 Number of matters Percentage of conciliations
2016–17 2015–16 2014–15 2013–14 2016–17 2015–16 2014–15 2013–14
1–14 2,184 2,000 2,059 2,006 19.6 18.4 18.5 18.3
15–99 3,100 3,065 3,152 3,020 27.8 28.3 28.3 27.5
>100 5,307 5,204 5,272 5,145 47.5 48.0 47.5 46.9
Unknown1 7 4 4 5 0.1 0.0 0.0 0.0
In dispute 563 577 638 796 5.0 5.3 5.7 7.3
Total 11,161 10,850 11,125 10,972 100 100 100 100

1 Based on information provided by respondents.

Table D8: Applications lodged, by type of matter
Type of application 2016–17
Fair Work Act 2009 31,235
Rule 7 (FWC)—Directions on procedure 1
s.113(6)—Application for an order that terms of prior long service leave instrument are applicable 4
s.120—Application to vary redundancy pay for other employment or incapacity to pay 148
s.122—Transfer of employment situations that affect the obligation to pay redundancy pay 1
s.156—4 yearly review of modern awards 47
s.157—FWC may vary etc. modern awards if necessary to achieve modern awards objective 3
s.158—Application to vary or revoke a modern award 4
s.185—Application for approval of a greenfields agreement 177
s.185—Application for approval of a multi-enterprise agreement 47
s.185—Application for approval of a single-enterprise agreement 5,474
s.210—Application for approval of a variation of an enterprise agreement 206
s.217—Application to vary an agreement to remove an ambiguity or uncertainty 21
s.217A—Application to deal with a dispute about variations 5
s.222—Application for approval of a termination of an enterprise agreement 97
s.225—Application for termination of an enterprise agreement after its nominal expiry date 303
s.229—Application for a bargaining order 74
s.236—Application for a majority support determination 93
s.238—Application for a scope order 21
s.240—Application to deal with a bargaining dispute 194
s.248—Application for a single interest employer authorisation 13
s.251—Application for a variation of a single interest employer authorisation 3
s.252—Application to extend single interest employer authorisation 1
s.260—Application for consent low-paid workplace determination 1
s.260—Application for special low-paid workplace determination 1
s.266—Industrial action related workplace determination 3
s.285—Annual wage review 1
s.302—Application for an equal remuneration order 1
s.318—Application for an order relating to instruments covering new employer and transferring employees 70
s.318—Application for an order relating to instruments covering new employer and transferring employees in agreements 9
s.319—Application for an order re instruments covering new employer and non-transferring employees in agreements 3
s.319—Application for an order relating to instruments covering new employer and non-transferring employees 39
s.320—Application to vary a transferable instrument—agreement 3
s.365—Application to deal with contraventions involving dismissal 3,729
s.365—Application to deal with contraventions involving dismissal (consent arbitration) 23
s.372—Application to deal with other contravention disputes 828
s.394—Application for unfair dismissal remedy 14,135
s.418—Application for an order that industrial action by employees or employers stop etc. 43
s.423—Application to suspend or terminate protected industrial action—significant economic harm etc. 2
s.424—Application to suspend or terminate protected industrial action—endangering life etc. 8
s.425—Application to suspend protected industrial action, cooling off 6
s.437—Application for a protected action ballot order 537
s.447—Application for variation of protected action ballot order 7
s.448—Application for revocation of protected action ballot order 37
s.459—Application to extend the 30 day period in which industrial action is authorised by protected action ballot 150
s.472—Application for an order relating to certain partial work bans 4
s.483AA—Application for an order to access non-member records 37
s.505—Application to deal with a right of entry dispute 46
s.512—Application for a right of entry permit 1,521
s.516—Application to extend entry permit 3
s.519—Application for an exemption certificate 4
s.526—Application to deal with a dispute involving stand down 10
s.531—Application for an order where failure to notify or consult registered employee associations about dismissals 2
s.533—Application for an FWC Order 2
s.576(2)(aa)—Promoting cooperative and productive workplace relations and preventing disputes 16
s.576(2)(ca)—Proceeding referred to FWC for mediation 2
s.589—Application for procedural and interim decision 1
s.602—Application to correct obvious error(s) etc. in relation to FWC's decision 1
s.603—Application to vary or revoke a FWC decision 1
s.604—Appeal of decisions 237
s.739—Application to deal with a dispute 1,888
s.739—Application to deal with a dispute in relation to flexible working arrangements 52
s.768BA—Application for an order about coverage for transferring employees under a state instrument 2
s.768BB—Application for an order about coverage for employee organisations under a state instrument 1
s.773—Application to deal with an unlawful termination dispute 109
s.786—Application for an order re failure to notify or consult registered employee associations about terminations 1
s.789FC—Application for an order to stop bullying 722
Fair Work (Registered Organisations) Act 2009 1,243
Chapt. 11 Pt 4A RO Act—Protected Disclosure direct to FWC 2
Query—Compliance 25
Query—Registered Organisations 32
RO Act—Request for advice and assistance—FWC 17
Reg.20 RO regulations—Inspection of documents 15
Sch. 1, Cl. 6(2) RO Act—Application for an extension by a Transitionally Recognised Association 17
Sch. 2, Cl. 1 RO Act—Application for recognition of state registered association 11
s.13(1)(b) RO Act—Advice and assistance to organisations 101
s.137A RO Act—Orders about representation rights of organisations of employees 1
s.137F RO Act—Orders reflecting state representation orders 1
s.154C RO Act—Approved training 1
s.158(1) RO Act—Application for alteration of eligibility rules 11
s.158(1) RO Act—Application for change of name of organisation 1
s.158A RO Act—Application to GM for alteration of eligibility rules 14
s.159(1) RO Act—Notification of alterations of other rules 97
s.161 RO Act—Evidence of rules 2
s.18(a) RO Act—Application for registration by an association of employers 3
s.180 RO Act—Conscientious objection to membership of organisations 2
s.186(2)(a) RO Act—Application by the committee of management to revoke exemption to conduct own elections 2
s.189(1) RO Act—Notification of elections for office 112
s.189(1) RO Act—Notification of elections for office—casual vacancy or insufficient nominations 68
s.233(1) RO Act—Annual obligation to lodge information 105
s.237 RO Act—Loans, grants and donations statement 253
s.246(1) RO Act—Application for determination of reporting units 1
s.268 RO Act—Financial return 330
s.30(1)(a) RO Act—Application by organisation for cancellation of registration 2
s.330 RO Act—GM makes inquiries 1
s.331 RO Act—GM conducts investigation 1
s.349 RO Act—List of officers to be evidence 14
s.44(1) RO Act—Application for approval for submission of amalgamation to ballot 1
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 460
Sch. 3, Item 10—Application to vary transitional instrument to remove ambiguity—agreement 1
Sch. 3, Item 15—Application by agreement to terminate collective agreement-based transitional instrument 15
Sch. 3, Item 16—Application to terminate collective agreement-based transitional instrument 146
Sch. 3, Item 17—Application by agreement to terminate individual agreement-based transitional instrument 228
Sch. 3, Item 19—Declaration for unilateral termination with FWC approval to terminate individual agreement 37
Sch. 3A, Item 23—Termination by the FWC of Collective Division 2B state employment agreement 1
Sch. 3A, Item 24—Application by agreement to terminate individual Division 2B state employment agreement 31
Sch. 5, Item 9—Application for an order remedying reduction in take-home pay resulting from a modern award 1
Work Health and Safety Act 2011 39
s.131 WHS Act—Application for a work health and safety entry permit 39
Workplace Relations Act 1996 17
s.170LW—Pre-reform Act—Application for settlement of dispute (certified agreement) 11
s.709—Application to FWC to have a dispute resolution process conducted (Div 5) 6
Administrative 75
Request for a Board of Reference 75
Coal Mining Industry (Long Service Leave) Administration Act 1992 2
s.39D CMILSLA Act—FWC may deal with disputes relating to long service leave 2
Total 33,071

CMILSLA Act = Coal Mining Industry (Long Service Leave) Administration Act 1992, FWC = Fair Work Commission, GM = General Manager, RO Act = Fair Work (Registered Organisations) Act 2009, WHS = Work Health and Safety Act 2011

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