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  • Job loss or dismissal
    • Types of dismissal and termination
    • Unfair dismissal
      • About unfair dismissal
        • What is unfair dismissal?
        • Who the law protects from unfair dismissal
        • Check eligibility for unfair dismissal
      • The rules for small business owners
      • The process for unfair dismissal claims
      • Apply for unfair dismissal (Form F2)
        • Check you are ready to apply for unfair dismissal
      • Respond to an unfair dismissal claim
        • What to do when an employee claims unfair dismissal
        • Respond to a claim for unfair dismissal (Form F3)
          • Help with Form F3 – Employer response to unfair dismissal
        • Object to an unfair dismissal claim
          • Object to an application for unfair dismissal remedy (Form F4)
          • Jurisdiction hearings in unfair dismissal cases
      • Conciliation for unfair dismissal
        • What is conciliation?
        • Tips to prepare for conciliation
        • What happens in a conciliation meeting
        • Options at conciliation for unfair dismissal
        • The role of the independent conciliator
        • Ask to delay a conciliation
      • Withdraw your application for unfair dismissal
      • Possible results of unfair dismissal claims
        • Compensation for unfair dismissal
          • The formula to calculate compensation
        • Reinstatement after unfair dismissal
        • Outcomes or remedies at an unfair dismissal hearing
    • Dismissal under general protections
      • About general protections
        • Understand general protections
        • Who the general protections laws cover
          • The difference between contractors and employees
        • Check eligibility for general protections
        • What is adverse action?
        • Prohibited reasons in general protections
        • Other workplace protections
      • The process for general protections dismissal
      • Apply for general protections – dismissal (Form F8)
      • Responding to a general protections claim
        • Response to general protections application (Form F8A)
        • Object to a general protections dismissal claim
      • Conferences for general protections dismissal
        • Tips to prepare for a general protections conference
      • Possible outcomes of a general protections – dismissal case
      • Apply for arbitration of a general protections – dismissal case (Form F8B)
      • Take your general protections case to court
    • Unlawful termination
      • Apply for help with unlawful termination (Form F9)
      • Respond to an application for unlawful termination (Form F9A)
      • Agree to arbitration for unlawful termination (Form F9B)
    • Redundancy
    • Respond to a claim against a business
  • Issues we help with
    • Common issues in the workplace
      • Resolve a dispute in your workplace
      • Apply for help to promote cooperative workplaces and prevent disputes (Form F79)
    • Bullying
      • The process to resolve workplace bullying
      • What is bullying at work?
        • About reasonable management action
      • What to do if you’re bullied at work
        • How we help stop workplace bullying
        • Who can apply to stop bullying
          • Check eligibility for an order to stop bullying
        • Apply to stop workplace bullying (Form F72)
      • Respond to a bullying claim
        • Respond as an employer or principal in a bullying application (Form F73)
        • Respond as a person named in a bullying application (Form F74)
      • Conciliation for bullying at work
        • Prepare for a conciliation session
    • Sexual harassment
      • Sexual harassment that occurred or started before 6 March 2023
        • What is sexual harassment at work
        • Who can apply for orders to stop sexual harassment at work
        • Discrimination, the general protections and work health and safety
        • What to do if you’re sexually harassed at work
        • Apply to stop sexual harassment at work
        • Respond to an application about sexual harassment at work
        • The Commission’s process to resolve sexual harassment at work
        • Conciliation about sexual harassment at work
        • Conferences and hearings about sexual harassment at work
      • Sexual harassment commencing from 6 March 2023
        • The prohibition on workplace sexual harassment
        • What is sexual harassment in connection with work?
        • Who can apply to us to deal with a sexual harassment dispute
        • Sexual harassment and discrimination, the general protections and work health and safety
        • What to do if you’re sexually harassed in connection with work
        • The process for sexual harassment dispute claims
        • How to apply to us to deal with a sexual harassment dispute
        • Apply to resolve a sexual harassment dispute (Form F75)
        • How to respond to a sexual harassment dispute application
        • Respond as an individual to an application to deal with a sexual harassment dispute (Form F76)
        • Respond as an employer or principal to an application to deal with a sexual harassment dispute (Form F77)
        • Member conferences and determinative hearings is sexual harassment disputes
          • Member conferences in sexual harassment disputes
          • Determinative conferences and hearings in sexual harassment disputes
          • Keeping the sexual harassment dispute case confidential
        • Sexual harassment disputes that are not resolved
    • Discrimination
    • Help for small business owners
      • What we are doing to help small business
    • Casual to permanent status
      • Apply to resolve a dispute about casual conversion (Form F10A)
    • Dispute about an award or agreement
      • Apply to resolve a dispute about an award or agreement (Form F10)
    • Disputes about general protections
      • Process for general protection disputes
      • Apply for general protections – no dismissal (Form F8C)
      • Responding to a general protections claim not involving dismissal
    • Industrial action
      • Organise a protected action ballot
        • Apply to hold a protected action ballot (Form F34)
        • Apply to extend the 30-day period for protected action (Form F34A)
      • Types of industrial action
      • Payments during industrial action
      • Ballot results
      • Apply to resolve a stand down dispute (Form F13)
      • Apply to stop unprotected industrial action (Form F14)
    • Cooperative Workplaces program
      • Interest-based approaches
      • Interest-based bargaining
      • Interest-based consultation
      • Interest-based problem-solving
    • Jobkeeper disputes
      • Apply to resolve a jobkeeper dispute (Form F13A)
  • Agreements & awards
    • Enterprise agreements
      • Find an enterprise agreement
        • Agreements in progress
      • About enterprise agreements
        • About single and multi-enterprise agreements
        • About greenfields agreements
        • Historical agreements and instruments
        • Statistical reports on enterprise agreements data
      • Make an enterprise agreement
        • The process to make an agreement
        • Before you start bargaining
          • Timeframes to make an agreement
          • Date calculator for single enterprise agreement
          • Plan to communicate your agreement
          • Bargaining representatives
            • Who can be a bargaining representative?
            • The role of representatives
            • Cancel a bargaining representative
          • Apply for a majority support determination (Form F30)
          • Request to bargain for a replacement agreement
        • Start bargaining
          • Scope orders for enterprise agreements
            • Apply for a scope order (Form F31)
          • Resolve a dispute about bargaining
            • Apply to resolve a bargaining dispute (Form F11)
            • Apply for a bargaining order (Form F32)
            • Apply for a serious breach declaration (Form F33)
          • How to bargain in good faith
          • NERR – Notice of Employee Representational Rights
            • Create the NERR
            • Distribute the NERR to employees
        • Develop the agreement
          • Finalise the draft enterprise agreement
          • Guide to the BOOT
            • How we apply the Better Off Overall Test
            • Check an agreement can pass the BOOT
          • Terms and dates to put in an agreement
          • When employees genuinely agree to an agreement
          • Avoid common errors in agreements
            • Meet the terms in the NES
            • Sign an agreement the right way
            • Make sure your NERR is valid
            • Make 'loaded' rates clear
            • Explain what you did in the access period
            • Ways to pass the BOOT
        • Hold a vote on the agreement
          • Explain the agreement to employees
          • What to give employees during the 'access period'
          • Voting process for agreements
          • Record how and when employees vote
        • Create a greenfields enterprise agreement
          • Apply to approve a greenfields agreement (Form F19)
      • Change a single enterprise agreement
        • Apply for approval to change an agreement (Form F23)
        • Employer's declaration to vary an agreement (Form F23A)
        • Union declaration for variation of an enterprise agreement (Form F23B)
        • Apply to vary an agreement to resolve a casual conversion issue (Form F23C)
        • Apply to terminate an agreement after the nominal expiry date (Form F24B)
      • Approval of enterprise agreements
        • The process to approve an agreement
        • Requirements an agreement must meet
        • About undertakings in agreements
          • How to write an undertaking
        • Approval timelines for agreements
        • Is your agreement application ready to lodge?
        • Forms for approval of agreements
          • Apply to approve a new enterprise agreement (Form F16)
          • Employer declaration for an enterprise agreement (Form F17)
          • Union declaration for an enterprise agreement (Form F18)
          • Employee rep declaration for an agreement (Form F18A)
          • Employer's declaration for a greenfields agreement under s.182(3) (Form F20)
          • Union declaration for a greenfields agreement (Form F21)
          • Apply to approve a new greenfields agreement made under s.182(4) (Form F21A)
          • Employer's declaration for a greenfields agreement under s.182(4) (Form F21B)
          • Union declaration for approval for a greenfields agreement under s.182(4) (Form F21C)
      • Terminate an enterprise agreement
        • Apply to terminate an enterprise agreement by agreement (Form F24)
        • Ways to terminate an individual agreement (IABTI)
        • Declaration to support the termination of an agreement (Form F24A)
        • Declaration to support the termination of an agreement after nominal expiry (Form F24C)
        • Declaration in response to application to terminate an agreement after the expiry date (Form F24D)
      • Sunsetting of zombie agreements
        • Types of zombie agreements
        • Our list of possible zombie agreements
        • What to do if you have a zombie agreement
        • Extending a zombie agreement
        • Apply to extend a zombie agreement (Form F81)
    • Awards
      • Find an award
      • Create or change an award
        • Applications to create or change an award
        • Apply to create, change or revoke an award (Form F46)
      • Modern awards pay database
        • Data dictionary
        • Modern Awards Pay Database API
      • What awards contain
      • The difference between awards and agreements
      • Awards research
    • Minimum wages and conditions
      • The national minimum wage
        • National minimum wage orders
      • National Employment Standards
      • Where to find your pay and conditions
      • Superannuation
    • Gender pay equity
      • Gender pay equity in the Fair Work Act
      • Equal remuneration orders
      • Apply for an equal remuneration order (Form F46A)
  • Hearings & decisions
    • Hearings schedule
      • Adelaide hearings
      • Brisbane hearings
      • Canberra hearings
      • Darwin hearings
      • Hobart hearings
      • Melbourne hearings
      • Perth hearings
      • Sydney hearings
      • Regional hearings
    • How the Commission works
      • What to do when we set your tribunal date
      • About conferences and hearings
      • Prepare for a conference or hearing
      • Possible outcomes of a hearing or conference
      • What happens during a hearing
        • Inside the hearing room
      • On the day of your conference or hearing
      • Recording a hearing or conference
      • Ask to delay a hearing or conference
    • Appeal a decision or order
      • The appeals process
        • Reasons you may appeal a decision or order
        • Who can appeal a decision?
        • How to appeal a decision
        • Order to ‘stay’ all or part of a decision
        • Create an appeal book
      • Prepare for an appeal hearing
        • Prepare an outline of submissions for an appeal
        • What happens in an appeal hearing
        • Who sits on an Appeal Bench?
      • Timetable of appeal hearings
      • Results of appeals
      • Apply for permission to appeal (Form F7)
    • Decisions and orders
      • National wage and safety net review decisions
      • Significant decisions and summaries
    • Major cases
      • 4 yearly review
        • All decisions and statements
        • Alleged NES inconsistencies
        • Awards under review
        • Common issues
          • Abandonment of employment
          • Annual leave
          • Annualised salaries
          • Apprentice conditions
          • Award flexibility
          • Blood donor leave
          • Casual employment
          • Family and domestic violence leave
          • Family friendly work arrangements
          • Micro business schedule
          • National Training Wage
          • Overtime for casuals
          • Part-time employment
          • Payment of wages
          • Penalty rates case
            • Decisions & statements
            • General Retail Industry Award
            • Hair and Beauty Industry Award
          • Public holidays
          • Transitional provisions
        • Final stage proceedings
        • Plain language re-drafting
          • Fast Food Industry Award
          • Hair and Beauty Industry Award
        • Timetable
      • Annual wage reviews
        • Annual Wage Review 2022–23
          • Additional material for the Annual Wage Review 2022-23
          • Correspondence for the Annual Wage Review 2022–23
          • Decisions & statements for the Annual Wage Review 2022–23
          • Notices of listing for the Annual Wage Review 2022–23
          • Research for the Annual Wage Review 2022–23
          • Statistical reporting for the Annual Wage Review 2022–23
          • Submissions for the Annual Wage Review 2022–23
          • Timetable for the Annual Wage Review 2022–23
          • Transcripts for the Annual Wage Review 2022–23
        • Annual Wage Review 2021–22
          • Additional material for the Annual Wage Review 2021–22
          • Correspondence for the Annual Wage Review 2021–22
          • Decisions & statements for the Annual Wage Review 2021–22
          • Determinations for the Annual Wage Review 2021–22
          • Draft determinations for the Annual Wage Review 2021–22
          • National Minimum Wage Order 2022
          • Notices of listing for the Annual Wage Review 2021–22
          • Research for the Annual Wage Review 2021–22
          • Statistical reporting for the Annual Wage Review 2021–22
          • Submissions for the Annual Wage Review 2021–22
          • Timetable for the Annual Wage Review 2021–22
          • Transcripts for the Annual Wage Review 2021–22
        • Annual Wage Review 2020–21
          • Additional material for the Annual Wage Review 2020–21
          • Consultations for the Annual Wage Review 2020–21
          • Correspondence for the Annual Wage Review 2020–21
          • Decisions & statements for the Annual Wage Review 2020–21
          • Determinations for the Annual Wage Review 2020–21
          • Draft determinations for the Annual Wage Review 2020–21
          • National Minimum Wage Order 2021
          • Notices of listing for the Annual Wage Review 2020–21
          • Research for the Annual Wage Review 2020–21
          • Statistical reporting for the Annual Wage Review 2020–21
          • Submissions for the Annual Wage Review 2020–21
            • Initial submissions for the Annual Wage Review 2020–21
            • Post-budget submissions for the Annual Wage Review 2020–21
            • Submissions in reply for the Annual Wage Review 2020–21
            • Supplementary submissions for the Annual Wage Review 2020–21
          • Timetable for the Annual Wage Review 2020–21
          • Transcripts for the Annual Wage Review 2020–21
        • Annual Wage Review 2019–20
          • Additional material for the Annual Wage Review 2019-20
          • Consultations for the Annual Wage Review 2019-20
          • Correspondence for the Annual Wage Review 2019-20
          • Decisions & statements for the Annual Wage Review 2019-20
          • Determinations for the Annual Wage Review 2019-20
          • Junior & apprentice rates in modern awards for the Annual Wage Review 2019-20
          • National Minimum Wage Order 2020
          • Notices of listing for the Annual Wage Review 2019-20
          • Research for the Annual Wage Review 2019-20
          • Research proposals for the Annual Wage Review 2019-20
          • Statistical reporting for the Annual Wage Review 2019-20
          • Submissions for the Annual Wage Review 2019-20
            • Initial submissions for the Annual Wage Review 2019-20
            • Submissions in reply for the Annual Wage Review 2019-20
            • Supplementary submissions for the Annual Wage Review 2019-20
          • Timetable for the Annual Wage Review 2019-20
          • Transcripts for the Annual Wage Review 2019-20
        • Annual Wage Review 2018–19
          • Additional material for the Annual Wage Review 2018-19
          • Consultations for the Annual Wage Review 2018-19
          • Correspondence for the Annual Wage Review 2018-19
          • Decisions & statements for the Annual Wage Review 2018-19
          • Determinations for the Annual Wage Review 2018-19
          • National Minimum Wage Order 2019
          • Notices of listing for the Annual Wage Review 2018-19
          • Research for the Annual Wage Review 2018-19
          • Statistical reporting for the Annual Wage Review 2018-19
          • Submissions for the Annual Wage Review 2018-19
            • Initial submissions for the Annual Wage Review 2018-19
            • Submissions in reply for the Annual Wage Review 2018-19
          • Timetable for the Annual Wage Review 2018-19
          • Transcripts for the Annual Wage Review 2018-19
        • Annual wage reviews archive
          • Annual Wage Review 2012–13
      • Application to terminate the Apple Retail Enterprise Agreement 2014
      • Award flexibility – Hospitality and retail sectors
        • Application to vary the Hospitality Award
        • Application to vary the Restaurant Award
        • Application to vary the Retail Award
        • Background material
        • Correspondence
        • Decisions and statements
        • Notices of listing and directions
        • Research and data
        • Submissions
        • Transcript
      • Ballot for withdrawal of ME Division from CFMMEU
      • Family and domestic violence leave review
        • Decisions & statements
      • Proposed On Demand Delivery Services Award (Menulog)
      • Review of certain C14 rates in modern awards
      • Superannuation fund reviews
      • Work value case – Aged Care Industry
        • Correspondence
        • Decisions & statements
        • Notices of listing & directions
        • Research and information
        • Submissions
        • Transcript
      • Previous major cases
        • Application to terminate the IPCA (VIC, ACT & NT) Agreement 2011
        • Ballot for withdrawal of ME Division from CFMMEU
        • Ballot for withdrawal of Manufacturing Division from CFMMEU
        • Casual terms award review 2021
          • Background material
          • Correspondence
          • Decisions & statements
          • Determinations
          • Notices of listing & directions
          • Submissions
          • Transcripts
          • All documents
        • Clerks – Private Sector Award – Work from home case
        • Equal Remuneration Case 2010-12
          • Applications
          • Correspondence
          • Decisions & statements
          • Draft orders
          • Exhibits
          • Notices of listing
          • Site inspections
          • Submissions
          • Timetable
          • Transcripts
        • Equal Remuneration and Work Value Case
          • Applications
          • Correspondence
          • Decisions and statements
          • Legislation
          • Notices of listing and directions
          • Orders
          • Papers
          • Submissions
          • Timetable
          • Transcript
        • Health sector awards – pandemic leave case
          • Applications
          • Correspondence
          • Decisions and statements
          • Determinations
          • Information notes and articles
          • Notices of listing and directions
          • Orders
          • Submissions and witness statements
          • Transcript
        • Modern awards review 2012
          • Awards reviewed 2012
        • Svitzer Australia Pty Limited industrial action
        • Undergraduate qualifications review
    • Case law benchbooks
      • Anti-bullying benchbook
        • Overview of benchbook
        • What is workplace bullying?
        • Who is covered?
          • Definition of ‘worker’
          • Definition of ‘constitutionally-covered business’
            • What is a person conducting a business or undertaking?
            • What is a Territory or a Commonwealth place?
            • What is a constitutional corporation?
            • What is the Commonwealth?
        • When is a worker bullied at work?
          • What does ‘at work’ mean?
          • Risk of continued bullying
          • What does ‘Reasonable management action’ mean?
        • Making an application
        • Responding to an application
        • What if the worker has been dismissed etc
        • Commission processes
          • Procedural issues
          • Representation by lawyers and paid agents
        • Evidence
        • What are the outcomes?
          • When can the Commission dismiss an application?
          • Contravening an order of the Commission
        • Associated applications
          • Costs
          • Appeals
          • Role of the Court
      • Enterprise agreements benchbook
        • Overview of benchbook
        • What is an enterprise agreement?
          • Single-enterprise agreement
          • Multi-enterprise agreement
          • Differences between single and multi-enterprise agreements
          • Greenfields agreement
        • Content of an enterprise agreement
          • Permitted matters
          • Coverage
          • Scope – who will be covered?
          • Terms & conditions of employment
          • Base rate of pay
          • Nominal expiry date
          • Mandatory terms
          • Flexibility term
          • Consultation term
          • Dispute settlement term
          • Optional terms
          • Terms that cannot be included
            • Terms that exclude the NES
            • Unlawful terms
            • Designated outworker terms
        • Agreement making process
          • Representation
          • Employees must be notified of their right to be represented
          • Bargaining representatives
        • Bargaining
          • Good faith bargaining
          • How long does bargaining take?
        • Voting
          • Voting process
          • Who can vote?
          • Timeframe for vote
          • Voting methods
          • When is an agreement made?
        • What happens if the parties cannot agree?
        • Making an application
          • Common defects & issues
            • National Employment Standards – common defects & issues
            • Better off overall test – common defects & issues
            • Mandatory terms – common defects & issues
            • Other terms of the agreement
            • Pre-approval requirements – common issues
            • Forms & lodgment – common defects & issues
          • Who must apply
          • Timeframe to apply – within 14 days
          • Material to accompany application
          • Signing an agreement
          • Employer must notify employees
        • Commission approval process
          • Genuine agreement
            • Minor procedural or technical errors
          • Where a scope order is in operation
          • Particular kinds of employees
          • Better off overall test (BOOT)
            • When an agreement passes
            • Classes of employees
            • Which award applies
            • Advice about coverage
            • Loaded rates of pay
          • Public interest test
          • Undertakings
          • Powers of the Commission
        • Associated applications
          • Majority support determinations
          • Authorisations to commence bargaining
            • Single interest employer authorisations
            • Ministerial declaration
            • Low-paid authorisations
          • Scope orders
          • Bargaining orders
          • Serious breach declarations
          • Disputes
          • Workplace determinations
            • Low-paid workplace determinations
            • Industrial action related workplace determinations
            • Bargaining related workplace determinations
          • Role of the Court
          • Appeals
          • Varying enterprise agreements
            • Varying by agreement
            • Ambiguity or uncertainty
            • Casual employee definition and casual conversion provisions
            • Discrimination
          • Terminating enterprise agreements
            • Terminating by agreement
            • After its nominal expiry date
          • Terminating individual agreements
      • General protections benchbook
        • Overview of benchbook
          • When is a person covered by the general protections?
        • What are the general protections?
        • How do the general protections work?
          • Rebuttable presumption as to reason or intent
        • Coverage for general protections
          • What is a constitutionally-covered entity?
          • What is a Territory or a Commonwealth place?
          • What is a trade and commerce employer?
          • What is a Territory employer?
          • What is a national system employer?
        • What if I am not covered by the general protections?
        • What is adverse action?
          • What is dismissal?
          • What is ‘injuring’ the employee in his or her employment?
          • What is altering the position of the employee to the employee’s prejudice?
          • What is discriminating between the employee and other employees of the employer?
          • Threatened action and organisation of action
          • Exclusions
        • Workplace rights – Division 3
          • Meaning of workplace right
          • Coercion
          • Undue influence or pressure
          • Misrepresentations
          • Requiring the use of COVIDSafe
        • Industrial activities – Division 4
          • What are industrial activities?
          • Coercion
          • Misrepresentations
          • Inducements – membership action
        • Other protections – Division 5
          • Discrimination
            • Race
            • Colour
            • Gender identity & sexual orientation
            • Age
            • Physical or mental disability
            • Marital status
            • Family or carer’s responsibilities
            • Pregnancy
            • Religion
            • Political opinion
            • National extraction
            • Social origin
          • Exceptions
          • Temporary absence – illness or injury
          • Bargaining services fees
          • Coverage by particular instruments
          • Coercion – allocation of duties to particular person
        • Sham arrangements – Division 6
          • Misrepresenting employment
          • Dismissing to engage as independent contractor
          • Misrepresentation to engage as independent contractor
        • Making an application
          • Dismissal applications
            • Timeframe for lodgment
            • Late lodgment
          • Non-dismissal applications
          • Other types of applications
            • Multiple actions relating to dismissal
            • Unfair dismissal
            • Unlawful termination
            • Court application (interim injunction)
            • Discrimination
        • Power to dismiss applications
        • Evidence
        • Commission process
          • Conferences & hearings
          • Dealing with different types of general protections disputes
          • Rescheduling or adjourning matters
          • Representation by lawyers and paid agents
          • Bias
        • Outcomes
        • Costs
          • When are costs ordered by the Commission?
          • Costs against representatives
        • Appeals
        • Role of the Court
          • Enforcement of Commission orders
          • Types of order made by the Court
      • Industrial action benchbook
        • What is industrial action?
          • Unprotected industrial action
            • Orders to stop or prevent unprotected industrial action
          • Protected industrial action
            • Immunity
            • Common requirements
            • Employee claim action
            • Employer response action
            • Employee response action
            • Pattern bargaining
        • Taking protected industrial action
          • Protected action ballots
            • Who may apply?
            • Making an application
            • Commission process
            • Varying a protected action ballot order
            • Revoking a protected action ballot order
          • Voting
            • Ballot agents
            • Who may vote – roll of voters
            • Ballot papers
            • Voting procedure
            • Scrutiny of the ballot
            • Results of the ballot
            • When is industrial action authorised?
          • Notice requirements
          • Commencing protected industrial action
        • Payments relating to industrial action
          • Partial work bans
          • Unprotected industrial action – payments
          • Standing down employees
        • Suspension or termination of protected industrial action
          • Powers of the Commission
            • When the Commission may suspend or terminate
            • When the Commission must suspend or terminate
              • Threats to persons or the economy
              • Suspending industrial action
            • Requirements relating to a period of suspension
          • Powers of the Minister
        • Enforcement
        • Appeals
      • Sexual harassment benchbook
        • Overview of benchbook
        • What is sexual harassment?
        • Who is covered by the laws to stop sexual harassment at work?
          • Definition of ‘Worker’
          • Definition of ‘constitutionally-covered business’
            • What is a person conducting a business or undertaking (PCBU)?
              • What is a Commonwealth authority?
              • What is a Territory or a Commonwealth place?
              • What is a body corporate incorporated in a Territory?
              • What is the Commonwealth?
        • When is a worker sexually harassed at work?
          • What does ‘at work’ mean?
          • Reasonable belief of bullying or sexual harassment at work
        • Risk of continued sexual harassment
          • Absence of future risk of sexual harassment
          • Change in circumstances
          • Other options for workers who are no longer working for the employer/principal
        • Making an application
          • Responding to an application
        • Commission process – Hearings and conferences
          • Powers of the Commission
          • Procedural issues
          • Representation by lawyers and paid agents
            • Notification of ‘acting for’ a person
            • What is representation?
            • When will permission be granted?
            • Exception – Conference by staff conciliator
            • Representation – Not in a conference or hearing
          • Bias
          • Rescheduling or adjourning matters
        • Evidence
          • Privilege against self-incrimination
        • What are the outcomes?
          • Conciliated outcomes
          • Orders to stop bullying or sexual harassment (or both) at work
          • Considerations
          • When can the Commission dismiss an application?
          • Contravening an order of the Commission
        • Associated applications
          • Costs
            • What are costs?
            • Applying for costs
            • When are costs ordered?
          • Appeals
          • Role of the Court
      • Unfair dismissals benchbook
        • Overview of unfair dismissal
        • Coverage for unfair dismissal
          • Who is protected from unfair dismissal?
          • People excluded from national unfair dismissal laws
            • Independent contractors
            • Labour hire workers
            • Vocational placements & volunteers
            • Public sector employment
          • Constitutional corporations
          • High income threshold
          • Modern award coverage
          • Application of an enterprise agreement
          • What is the minimum period of employment?
            • How do you calculate the minimum period of employment?
            • What is continuous service?
            • What is an excluded period?
          • Bankruptcy
          • Insolvency
        • What is dismissal?
          • When does a dismissal take effect?
          • Terminated at the employer's initiative
          • Forced resignation
          • Demotion
          • Contract for a specified period of time
          • Contract for a specified task
          • Contract for a specified season
          • Training arrangement
          • What is a transfer of employment?
          • Periods of service as a casual employee
          • What is a genuine redundancy?
            • Job no longer required due to changes in operational requirements
            • Consultation obligations
            • Redeployment
          • What is the Small Business Fair Dismissal Code?
        • What makes a dismissal unfair?
          • Valid reason relating to capacity or conduct
            • Capacity
            • Conduct
          • Notification of reason for dismissal
          • Opportunity to respond
          • Unreasonable refusal of a support person
          • Warnings – unsatisfactory performance
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Apply or lodge

  • Apply now
  • Forms
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  • Legal help and representation
    • Where to find legal help
      • Tips to choose a lawyer or paid agent
      • Glossary of legal terms
      • How the Commission can and can’t help
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      • Request form for WAS
      • Workplace Advice Service terms & conditions
    • If you decide to represent yourself
    • Representatives and the rules they must follow
      • Notify us that you have a representative, or that they plan to act for you (Form F53)
      • Notice that a representative has stopped acting for a person (Form F54)
      • How we decide if a lawyer or paid agent can take part
    • Support for your health and wellbeing
  • Fees and costs
    • Ask to waive an application fee (Form F80)
  • Deadlines
  • Who Australia's national system covers
  • Approved file types

Glossary of legal terms

Introduction

This glossary provides definitions of legal words and phrases.

You can also click or tap on words that have question mark symbol to show the simple definition from the glossary.

Content

What is a day?

Section 36(1) of the Acts Interpretation Act 1901 (Cth)[1] deals with the manner in which time is to be calculated in interpreting the Fair Work Act. It reads:

  1. Where in an Act any period of time, dating from a given day, act, or event, is prescribed or allowed for any purpose, the time shall, unless the contrary intention appears, be reckoned exclusive of such day or of the day of such act or event.

This means that when calculating time you do not count the day on which the relevant act or event occurs or occurred.[2].

View

Access period

An access period is part of the process to make or change an agreement. It must happen at the right time in the process. The employer must give employees specific information (or access to it) about the agreement and the voting process.

Adjourn or adjournment

To adjourn an event, or to have an adjournment, means:

  • to move a conciliation, hearing or conference to another time and place
  • to delay it without setting a new date.

Affidavit

An affidavit is a document that may be evidence in a legal case. When a person makes an affidavit, they swear or affirm that the facts in their statement are true. They must do this in front of someone with the authority to witness the person signing the document

Aggrieved

In the appeal process, an aggrieved person (or organisation) may apply to appeal. Aggrieved means they believe:

  • the original decision affected their legal interests or rights
  • they have a specific interest, for example because they are a union or employer association.

Aggrieved person

A person who alleges that they have been sexually harassed in connection with work

Agreement-based transitional instruments

The name for enterprise agreements has changed over time, as the law has changed. Agreement-based transitional instruments (ABTI) is one example of an agreement made before the Fair Work Act 2009.

Allege

A person may say or allege that another person has done something. When they allege (or make an allegation) that their claim is true, they do this without providing proof.

ambiguity or uncertainty

In an enterprise agreement, a term may be ambiguous or uncertain if:

  • the meaning is not clear
  • people may understand it in two or more possible ways.

Annual wage review

The annual wage review is the process to review and set minimum wages for employees in the national system. The process includes research, submissions and consultations.

Appeal

A person can ask the Commission to review the decision of a single Member in a case. To do this, they ask for permission to appeal. The Fair Work Act has rules about why someone can appeal a decision.

Appellant

The appellant is the person who asks for permission to appeal a decision. They are usually the person who was the applicant or the respondent in the original case.

Applicant

An applicant is the person who starts a case by applying to the Commission.

Apprentice, Apprenticeship

An apprentice is a person who is learning a trade skill while they work in the trade. Usually, but not always, they are a young person. For example, they may learn to build while they do a building apprenticeship.

Arbitration

Arbitration is a formal process. Usually in arbitration the Commission hears from witnesses and considers evidence. Then it makes a final decision.

Associate

An Associate works in a Commission Member's office (chambers). They usually communicate with the people involved in a case, on behalf of the Member. Associates are employees of the Commission.

Award

An award is a legal document that contains the terms and conditions of employment. Usually, awards cover people who work:

  • in a specific industry (such as retail)
  • in a specific occupation (such as pilot).

Award modernisation

Awards modernisation was a process to review and update awards between 2008 and 2020. We call awards that were made or reviewed in this process ‘modern awards’.

Ballot agent

Before employees can take industrial action, they must vote in a ballot. They name a ballot agent to organise the vote. Usually, the ballot agent is the Australian Electoral Commission.

Bargaining in good faith

Bargaining ‘in good faith’ means the people involved (bargaining representatives) follow the steps to make sure the process is fair and efficient.

Bargaining order

We may issue a bargaining order to make the agreement process fair and efficient. A person can apply for an order if a bargaining representative is not following the rules.

Bargaining representative

A bargaining representative is any person that an employer or employee nominates when they make or vary an agreement. They can be an employer or an employee, or a union or industrial association.

Better off overall test

All enterprise agreements must pass the 'better off overall' test. The terms and conditions must make the employee better off than the relevant award. If employees are not better off overall, the Commission cannot approve the agreement.

Casual loading

Casual loading is an amount casual employees receive on top of the base rate of pay. This is to make up for the benefits they do not receive, such as paid annual and sick leave. The casual loading is 25% in most modern awards.

Clear day

When you work out a timeline, you only count whole days. A day is not a clear day if a relevant act or event starts or ends on that day (such as distributing information materials).

Collective agreement

The name of enterprise agreements has changed over time, as the law has changed. ‘Collective agreement’ is one example of an agreement made before the Fair Work Act 2009.

Compensation

Compensation is money an applicant may receive if they suffer a financial loss (such as lost wages). The person whose action caused the loss (such as employer if they fire an employee) pays the compensation.

Compensation cap

The compensation cap is the most the Commission can order an employer to pay in an unfair dismissal case. The cap changes on 1 July each year and is set by the Fair Work Regulations.

Conciliation

A conciliation is a confidential and informal discussion between 2 sides in a case. They discuss issues and options ('conciliate') with help from a Commission employee or Member. They may reach an agreement or settlement without needing a formal hearing.

Conciliator

A conciliator is an independent person who helps two sides in a dispute reach an agreement. They discuss the issues and options in an informal and confidential conciliation.

Conference

A conference is a legal meeting (‘proceeding’), run by a Commission Member. This type of meeting is usually private so the general public is not allowed to watch.

Contingencies

When we calculate compensation, we consider what will affect the employee’s finances, such as a higher or lower salary, or different benefits. These are contingencies and they may affect the amount of compensation we order.

Court

In a court (such as the Federal Court or Federal Circuit Court), judges make decisions based on the law and facts of a case. The Fair Work Commission is a tribunal. It also makes decisions people must follow but is less formal than a court.

Decision

At the end of a case, one or more Commission Members can issue a decision. This is the judgement, based on the facts, evidence and laws. The decision usually includes the names of the people involved and explains the reason for the decision.

Determination

A determination is another term for an order. This is a formal ruling by a Commission Member after they hear a case. A determination often sets out what has to happen, by law, after a decision is made.

Directions

The Commission may give directions to parties involved in a case. These are instructions about the documents they need to provide. For example:

  • what the documents must contain
  • who must receive the documents
  • the deadline to give a copy to us or someone else.

Discontinue

When you discontinue a legal case, you are formally stopping it ('withdrawing'). This action is a discontinuance. Your case ends when you discontinue it.

Dispute resolution

The Fair Work Commission can resolve disagreements or disputes about some workplace issues. This comes from the Fair Work Act and some enterprise agreements. This is the dispute resolution process.

Employee

An employee has an employment contract and receives a wage from their employer.

Employer organisation

An employer organisation represents the interests of its members, who are businesses and enterprises. Employer organisations are registered under the Fair Work (Registered Organisations) Act 2009 (Cth). Some, but not all, employer associations are registered organisations.

Entry notice

Before a union representative can enter an employer’s premises, they must provide an entry notice. This contains specific information and is given to the employer 24 hours to 14 days before the planned visit. The representative must also have a valid right of entry permit.

Error of law

An error of law can happen when a decision maker:

  • misunderstands a legal principle
  • applies the law wrongly.

For example, a decision maker may use the wrong criteria or ask the wrong question.

Evidence

Evidence is information or documents that can prove something is, or is not, true. The Commission may accept evidence as part of a case. Usually, witnesses write statements, or give oral (spoken) evidence in a hearing.

Fixed term contract

A fixed term contract is a type of employment contract. It makes the contract clear, by providing:

  • definite start and end dates or
  • the length of the contract and the start or finish date.

When a contract reaches its end date, this is not a dismissal.

Genuine new business

A genuine new business is a business, activity, project or undertaking that is new. The employer(s) have not yet hired the staff who:

  • the agreement will cover
  • are necessary for the business or activity to run.

Only a genuine new business can create a greenfields enterprise agreement.

Greenfields agreement

An enterprise agreement for a new business is a greenfields agreement. Employers can only create a greenfields agreement if they have not yet employed the staff who:

  • will be covered by the agreement
  • are necessary for the business or activity to run.

Hearing

A hearing is a formal, legal event where both sides of the case meet in front of one or more Members. A hearing is also known as a ‘proceeding’. Usually, hearings are open to the public.

High-income threshold

The high-income threshold is a limit set by the Fair Work Regulations 2009. Employees who earn more than this limit are usually not eligible for protection from unfair dismissal under the Fair Work Act. The exception is if an award or agreement covers them.

In the public interest

A decision or action in the public interest has a benefit to everyone, not just to an individual. When the Commission considers whether a decision is in the public interest, it looks at what effect it may have on the wider community.

Incorporated material

When you create an agreement, it may refer to material such as a policy for employees or the relevant award. This is incorporated material. It forms part of the agreement even if the agreement does not specifically contain the material.

Independent contractor

An independent contractor has their own business and provides services to other people including employers. Usually, a contractor has an ABN and sends invoices after completing work to ask for payment.

Individual Flexibility Arrangement (IFA)

An Individual Flexibility Arrangement (IFA) is a written agreement between an employer and the employee. The IFA can change some of the terms or conditions in their award or agreement. The IFA must make the employee better off overall.

Industrial association

Industrial associations provide services and information to their members. The term is often used as an alternative to 'union', 'employer association' or 'employer organisation'. Some are registered under the Fair Work (Registered Organisations) Act 2009.

Injury

In a general protections case, injury is a person’s action or behaviour that can cause harm. For example, under the Fair Work Act, someone may injure another person if they:

  • do not give them their rights
  • demote them to a lower job
  • treat them differently.

Instrument

In the context of the Fair Work system, an instrument can be an enterprise agreement, award or workplace determination.

Junior

In the national system, a junior is an employee who is under the age of 21. In many awards, juniors receive lower wages than adults.

Jurisdiction

Jurisdiction refers to what the Commission can and cannot do. The Fair Work Act sets out the Commission's power (jurisdiction) to deal with a dispute.

Jurisdictional objection

A person responding to a case may object to an application. They make a jurisdictional objection when they think the Commission does not have the power (jurisdiction) to deal with the case under the Fair Work Act 2009.

Labour hire worker

A labour hire worker is someone employed by a labour hire agency, also called a staffing agency or employment agency. The agency can hire the worker out to a host. The worker has a contract with the agency, not with the host.

Listing

A listing is the same as a ‘notice of listing’, which we send to people involved in a case. This has the time, date and location for a meeting or hearing. It can also include specific instructions or requirements.

Lockout

During a dispute (often about wage rates), an employer may lock out their employees by:

  • temporarily closing the business
  • refusing to allow them to come to work.

The employer also refuses to pay its employees while they are not at work.

Low-paid authorisation

A bargaining representative may apply for a low-paid authorisation. This gives low-paid employees access to extra rights during bargaining for a multi-enterprise agreements. Rights include:

  • bargaining orders
  • low-paid workplace determinations.

Made

An enterprise agreement is 'made' when a majority of eligible employees vote to accept it. Even after the agreement is made, it does not operate until we approve it.

Major support determination

A majority support determination is an order to make an employer start the bargaining process. A bargaining representative may apply when:

  • an employer does not agree, or start to bargain AND
  • the majority of employees want to start bargaining.

Matter

At the Commission, a matter is a case the Commission is dealing with.

Merits

The merits of the case are the facts presented by the 2 sides, and how the law applies to those facts. The Commission decides cases on their merits. It may also decide them on technical or procedural issues (such as whether an application is late).

Modern award

An award contains the minimum terms and conditions for an industry or occupation. A ‘modern award’ is the same, but the award was created after 1 January 2010. A modern award and the National Employment Standards give employees fair and relevant entitlements.

National Employment Standards (NES)

The 11 National Employment Standards are in the Fair Work Act (Part 2-2). They are part of the minimum terms and conditions for all employees who are in the national system. They cover entitlements such as maximum weekly hours, different types of leave, and redundancy pay.

National minimum wage order

The National Minimum Wage Order contains the minimum pay rate and casual loading for employees who are not covered by an award or agreement. It also contains special wages for some employees.

National system employee

Most, but not all, employees are national system employees. To know if they are part of the national system, we need to know:

  • their location
  • their work arrangement (for example permanent, casual, contractor, volunteer)
  • their employer (for example private business, agency, government).

See Who the national system covers.

Nominal expiry date

Each enterprise agreement has a nominal expiry date. This date shows how long the parties expect the agreement to run (maximum 4 years). Agreements continue after this date until we approve an application to change or end them.

Notice of Listing

When we organise a formal meeting for a case, we send a notice of listing to the people involved. This has the time, date and location for the meeting or hearing. It can also include specific instructions or requirements.

Notification date

The notification date is the start of the bargaining process for an enterprise agreement. It can be:

  • the date the employer starts or agrees to start bargaining
  • the date in a legal order to force the employer to start bargaining.

Order

After a Commission Member hears a case, they may make an order. This is a formal written instruction about their decision. Anyone the order covers must do what it says, by law.

Out of time

An application or response is out of time when it is late (misses the deadline). We may not accept documents that are out of time.

Outcome

When someone applies to the Commission, the outcome is the end result of their application or case.

Outline of submissions

The outline of submissions is a written document. It should contain all the facts, information and evidence that someone wants to present to the Commission to support their case. We tell parties in a case if they need to write an outline of submissions.

Outworker

An outworker is a contractor or employee who works at home or at a place that is not normally thought of as a business premises. This is different to a 'working from home' arrangement. They are common in the textile, clothing and footwear industry.

Paid agent

A paid agent is a person who charges or receives a fee to represent someone in their legal case. The paid agent is often an employee or officer of a union, employer association or peak council. They may also be a bargaining representative. They are not a lawyer.

Party

A party is any person or organisation who is part of a case at the Commission. They may be an employee (often called the 'applicant') or employer (often the 'respondent'), a worker, union, or employer organisation.

Penalty rates

When an employee works outside the standard hours in their award, their employer may have to pay extra. The extra money is penalty rates. Penalty rates may also apply if you work on weekends and public holidays such as Christmas.

Person named

An application for an order to stop bullying or harassment may contain a person named. This is the person the applicant says has been bullying and/or sexually harassing them at work.

Prejudice

Prejudice may mean:

  1. doing something that has a real and harmful effect on one side. Examples include:
    • making a major change to an employee’s job
    • asking for a long delay to a hearing
  2. bias or a lack of fairness in a process.

Presiding Member

The Commission Member in charge of a case (‘matter’) is the presiding Member.

Principal

A principal is the legal entity that engages a contractor to do work for them under a contract for services. A principal and contractor do not have an employment relationship.

Private enterprise

A private enterprise is a business owned and operated by private individuals for profit. It is not listed on the stock exchange and is not part of government or its agencies.

Protected action ballot

A protected action ballot is a secret vote by employees. Eligible employees vote to say if they want to take industrial action. This action is usually about the terms of a proposed enterprise agreement.

Reasonable steps

To work out whether someone's actions or effort were reasonable, we may consider:

  • Has the person tried to do the best they can, without delay?
  • Would the average person think the effort was enough in this situation?

Registered organisation

When an organisation is registered, it means we have approved an application to register it. We do this under the Fair Work (Registered Organisations) Act. A registered organisation can be:

  • an association of employers
  • a union (association of employees)
  • an enterprise association.

Regular or systematic basis

When a casual employee works on a regular or systematic basis, they have a similar roster or a similar pattern each time. They are part of the employer's ongoing schedule or plan.

Reinstatement

In an unfair dismissal case, reinstatement means to give an employee their job back. The employer may have to reappoint or return the employee to:

  • the job they held before they were dismissed OR
  • a job that is at least the same in terms and conditions.

Remedy

A remedy is an action to make up for (compensate for) harm. The Commission can (but doesn't always) order a remedy. For example, if a dismissal was unfair, we may order the employer to:

  • pay the employee what they owe or compensation
  • give the employee their job back.

Representative

A representative is a person who acts for someone in a case. This could be a lawyer, a paid agent, a union, an employer organisation or someone else. Generally, a lawyer or paid agent must ask permission to represent someone in a hearing or conference before a Member.

Respondent

A respondent is the person or organisation that has to respond to an application. They become a 'party' to the case when the applicant names them in the application. They can (or in some cases have to) respond to tell us their side of the story.

Right of entry

Union officials have the right to go into business premises in some situations. This is right of entry under the Fair Work Act. The official must have a permit and give notice before they can enter.

Scope order

A scope order says which employers and employees are ‘in scope’ or covered by an agreement. A bargaining representative may apply for a scope order if they believe the agreement will not cover the right employees.

Serve

When someone serves a document, they deliver it to the person or representative on the other side of their case. This is a legal process. We tell the people involved who they must serve documents on, and when.

Settlement

Settlement is an agreement to resolve a dispute or case. This usually happens after the two sides discuss and negotiate the ‘terms of settlement’ that they must follow.

Settlement

Settlement is an agreement to resolve a dispute or case. This usually happens after the two sides discuss and negotiate the ‘terms of settlement’ that they must follow.

Single interest employers

Two or more employers can only create a single enterprise agreement if they are single interest employers. This means they are:

  • part of a joint venture or common enterprise OR
  • related bodies corporate OR
  • part of a ‘single interest employer authorisation’ for the proposed agreement.

Single-interest employers

Two or more employers can only create a single enterprise agreement if they are single interest employers. This means they are:

  • part of a joint venture or common enterprise OR
  • related bodies corporate OR
  • part of a ‘single interest employer authorisation’ for the proposed agreement.

Small business

A small business has fewer than 15 employees. This number includes everyone who is part time, full time or a regular casual employee. The definition is in the Fair Work Act.

Small business

A small business has fewer than 15 employees. This number includes everyone who is:

  • a part-time or full-time employee
  • a casual employee employed on a regular and systematic basis.

The definition is in the Fair Work Act 2009.

Statement of service

In a statement of service, an employer says how long an employee worked for them and what they did. A statement of service may be part of a settlement in an unfair dismissal case.

Statement of service

In a statement of service, an employer says how long an employee worked for them and what they did. A statement of service may be part of a settlement in an unfair dismissal case.

Stay order

[definition to come]

Submissions

Submissions may mean:

  1. details of the evidence that someone will present to the Commission ('outline of submissions')
  2. formal comments to the Commission about an application, such as a variation to an agreement or award.

Sworn evidence

A witness gives evidence about what they know, saw, heard or experienced. This is sworn evidence when they promise to tell the truth by 'swearing an oath’ on a religious text or by 'making an affirmation'. It can be verbal (in a hearing) or written.

Trainee

In an award, a trainee is a person who is doing a formal traineeship. This is different from on-the-job training. In many awards, trainees are paid the National Training Wage.

Undertaking

We may ask for an undertaking when an employer's proposed enterprise agreement does not meet the Fair Work Act. The undertaking is legal commitment in writing to fix the issue. It becomes part of the agreement.

Waiver

When we give someone a waiver, it means they do not need to pay an application fee. You can apply for a waiver if you have serious financial problems. We may agree to waive or excuse the fee.

Witness statement

A witness gives a witness statement at a hearing. It is a statement that explains what they saw, heard or experienced. They have to promise (‘swear on oath’) that what they say in the statement is true.

Worker

A person can only make a bullying application if they are a worker. The term 'worker' includes:

  • an employee
  • a contractor or subcontractor
  • someone employed through a labour hire company or agency
  • an apprentice, trainee, or work experience student
  • a volunteer
  • an outworker.

Workplace determination

A workplace determination is similar to an enterprise agreement. In a determination, the Commission sets the terms and conditions of employment when the parties cannot agree on their own. There are 3 types, related to:

  • low-paid workers
  • industrial action
  • bargaining.

References

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[1] This Act as in force on 25 June 2009 applies to the Fair Work Act (see Fair Work Act s.40A).

[2] Re White's Discounts Pty Ltd t/as Everybody's IGA Everyday and Broken Hill Foodland PR937496 (AIRCFB, Giudice J, Drake SDP, Lewin C, 12 September 2003) at paras 15–16, [(2003) 128 IR 68].

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Published by the Fair Work Commission (www.fwc.gov.au)
Last updated: 01 Jul 2022
Location on last update: https://www.fwc.gov.au/apply-or-lodge/legal-help-and-representation/where-find-legal-help/glossary-legal-terms