To end proceedings or to suspend them to another time or place.
To request that a decision of a single member of the Commission be reviewed by a Full Bench to determine if the decision made is consistent with the Fair Work Act 2009. An appeal can only be made on the grounds that an error of law or fact has been made. A person must seek the permission of the Commission to lodge an appeal by lodging a Form F7—Notice of Appeal.
Bullying at work, as defined by the Fair Work Act 2009, occurs when:
Bullying does not include reasonable management action carried out in a reasonable manner.
A formal procedure outlining the processes used, including disciplinary measures, to resolve bullying in the workplace. A policy would normally include definitions of bullying, a worker's responsibility in relation to bullying and the step by step process that should be adopted when bullying is reported.
A set of rules and responsibilities that govern an organisation. A code of conduct generally sets out appropriate and inappropriate behaviour of employees within an organisation.
Abbreviation for Fair Work Commission.
Refers to the Commonwealth government or an Australian territory.
A private proceeding conducted by a Fair Work Commission Member.
A constitutionally covered business is:
It does not include sole traders, partnerships, some state government employees, corporations whose main activity is not trading or financial.
A judgment or conclusion reached after considering the facts and law. A decision in relation to a matter before the Commission can include the names of the parties and will generally outline the basis for the application, comment on the evidence provided and include the judgment of the Commission in relation to the matter. A decision can be made by a single member or a Full Bench of the Commission. It is legally enforceable.
Instructions given to the parties by the Commission that set out a timetable in accordance with which they must file in the Commission and serve on each other an outline of submissions, witness statements and any supporting documents.
Information which tends to prove or disprove the existence of particular belief, fact or proposition. Certain evidence may or may not be accepted by the Commission, however the Commission is not bound the normal rules of evidence. Evidence is usually contained within or attached to a witness statement or provided verbally by a witness in a hearing.
The principal Commonwealth law governing Australia's workplace relations system. Go to the Fair Work Act 2009.
Australia's independent, national workplace relations tribunal, established under the Fair Work Act 2009, from July 2009 to December 2012. Fair Work Australia assumed the functions of the Australian Industrial Relations Commission, and the Australian Fair Pay Commission and the agreement-making function of the Workplace Authority. Fair Work Australia was renamed the Fair Work Commission on 1 January 2013.
A Full Bench of the Fair Work Commission is convened by the Fair Work Commission President and comprises at least three Fair Work Commission Members, one of whom must be a Deputy President. Full Benches are convened to hear appeals, matters of significant national interest and various other matters specifically provided for in the Fair Work Act 2009.
Unwanted and offensive conduct or behaviour by a person or persons directed towards another person based on an attribute such as a person’s age, gender, race, religion or a disability. Harassment can be physical or psychological.
A public proceeding conducted by a Fair Work Commission Member. A hearing is generally more formal than a conference, and may be held if the matter can't be resolved at mediation, conciliation or conference.
The scope of the Commission’s power and what the Commission can and cannot do. The power of the Commission to deal with matters is contained in legislation. The Commission can only deal with matters for which it has been given power by the Commonwealth Parliament.
An objection to an application on the basis that the Fair Work Commission does not have jurisdiction to deal with the matter. A jurisdictional objection is not simply that the respondent thinks the applicant's case has no merit.
A case or legal proceeding before the Commission.
An informal, confidential and voluntary process. It is one of the processes used by the Commission to facilitate the resolution of a grievance or a dispute between parties by helping them reach an agreement.
A person appointed by the Governor-General to decide matters at the Commission. A Member may be the President, a Vice President, a Deputy President or a Commissioner.
An entity that is not a constitutional corporation. The following are not constitutional corporations:
An order is a ruling made by a Fair Work Commission Member after he or she hears your case. Once an order has been made, anyone bound by that order must follow it.
The end result of an application made to the Commission.
A written document that clearly sets out the key elements of a case. All facts, information and evidence that you wish to bring to the attention of the Commission should be included in your outline of submissions.
An organisation in which two or more persons carry on a business together and it is not a constitutional corporation as defined.
A person or organisation involved in a matter before the Commission. A party is generally known as either an applicant or a respondent.
A person or business that has entered into a contract for services with an independent contractor.
A business owned and operated by private individuals for profit, instead of by a government or its agencies.
When persons are treated equally or fairly before the law (also known as due process). For example, procedural fairness occurs when both parties to a dispute have an opportunity to be heard or to defend themselves.
A proprietary limited company. A constitutionally covered business.
In relation to an anti-bullying application, reasonable management action is the action or behaviour of management that is considered to be carried out in a reasonable manner. Reasonable management action does not constitute workplace bullying.
Reasonable management action may include:
In each of these examples, if they are not carried out in a reasonable manner, then they could still be considered bullying.
A requirement to send a copy of a document (and all supporting documents) to another party or their representative, usually within a specified period. A person’s obligation to serve documents can be met in a number of ways. The acceptable ways in which a document can be served are listed in Parts 7 and 8 of the Fair Work Commissions Rules 2013.
An organisation in which one person is responsible for the business.
Abbreviation for work health and safety.
A body established by a state or territory government which regulates WHS laws in a particular state or territory. To find contact details for the regulator in your state or territory, go to the Enquiries page.
A person who gives evidence in relation to something they saw, heard or experienced. A witness is required to take oath or affirmation before giving evidence at a formal hearing. The witness will be examined by the party that called them and may be cross examined by the opposing party to test their evidence.
In relation to an anti-bullying application, the definition of a worker is drawn from the Work Health and Safety Act 2011. A worker can include:
Only people who are considered to be workers may apply for an order to stop bullying at work.
A place where a person performs work.
See bullying at work.
The Commission may approve an enterprise agreement that may not meet certain requirements of the Fair Work Act 2009 if satisfied that a written undertaking meets the concern.
The Commission may only accept a written undertaking from an employer, after seeking the views of each bargaining representative and if satisfied that the effect of accepting the undertaking is not likely to:
When the Commission approves the agreement, any accepted undertaking(s) is both noted in the decision and is attached to the copy of the agreement published on the Commission’s website.
If the Commission has a concern that an enterprise agreement does not meet the approval requirements in ss.186 and 187 of the Fair Work Act (which includes passing the BOOT), the Commission can approve the agreement if it receives and accepts a written undertaking from the employer(s) covered by the agreement which addresses that concern. The undertaking is a commitment that the employer will comply with what is written in the undertaking in addition to or instead of a term of the agreement. The undertaking forms a part of the agreement and is legally binding on the employer.
As the employees have voted on the agreement as it was lodged, the Commission will not accept an undertaking if it will result in substantial changes to the agreement. The Commission must also be satisfied that accepting the undertaking is not likely to cause financial detriment to any employee covered by the agreement.
Undertakings are often used to address technical deficiencies in an agreement (for example, where a nominal expiry date is more than 4 years after the approval date or when a provision is expressed to exclude or reduce a provision of the NES). Undertakings cannot be accepted to fix some deficiencies such as non-complying flexibility and consultation terms.
Before accepting an undertaking, the Commission must seek the views of each person the Commission knows to be a bargaining representative for the agreement. A bargaining representative can be the employer (or someone appointed by the employer), an employee organisation that represents an employee covered by the agreement and/or anyone appointed as such by an employee. The Commission may ask for evidence that the undertaking was provided to the bargaining representatives. For example, the Commission may ask to see emails from bargaining representatives confirming they approve the undertakings.
An undertaking relating to an enterprise agreement must be signed by each employer who gives the undertaking.
Any accepted undertaking(s) is both noted in the decision and is attached to the copy of the agreement which is published on the Commission’s website. A copy of the decision accompanied by the agreement with the undertaking attached is sent to the employer and all the persons named on the Form F16 when the agreement is approved.
The practices above also apply to undertakings to variations to agreements (except the variation of the agreement will be approved under s.212 and the undertaking will be used to address a failure to meet the requirements of s.211).
The undertaking should be addressed to the Member who is dealing with your application and emailed to their chambers.
Undertakings are commonly submitted to the Commission in Word or PDF format as email attachments. There are no specific requirements for the format of undertakings, other than that they must be signed by all employers covered by the agreement.
Dear Commissioner X
ABC Enterprise Agreement 2018–2020 (AG2018/44444)
Written undertakings under section 190 of the Fair Work Act 2009
ABC Pty Ltd hereby undertakes the following in relation to the ABC Enterprise Agreement 2018–2020:
Signed for and on behalf of the employer
20 February 2018
Dear Deputy President Y
DEF Enterprise Agreement 2018–2020 (AG2017/55555)
Undertaking (s.190 of the Fair Work Act 2009)
I, John Citizen, HR Manager for DEF Pty Ltd give the following undertaking with respect of the DEF Enterprise Agreement 2018–2021:
 Fair Work Act s.190(2).
 Fair Work Act s.191(2).
 Fair Work Act s.190(3). See also  FWC 1955.
 FW Act ss.190(3) and 190(4). See also SDA v Beechworth Bakery  FWCFB 1664 which deals with the requirements before the Commission will allow undertakings and whether ‘make good’ clauses in undertakings are enforceable.
 Fair Work Act s.190(4).
 Fair Work Regulations 2009 reg 2.07.