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.
In the 2018-19 Annual Wage Review proceedings, the ACTU and ACBC contended that the Expert Panel should set the C14 rate at a level which lifted certain hypothetical single earner household types above the 60 percent relative poverty line. This contention was rejected, however in the course of addressing the contention advanced, the Expert Panel raised an issue for further examination.
The Expert Panel noted that 45 modern awards include a rate of pay at the C14 (or National Minimum Wage, NMW). Of these 45 awards, the classification at the NMW appears to be transitional in 8 modern awards but no particular transition period is specified, and not transitional in 6 modern awards.
On 28 August 2019, the President issued a Statement  FWC 5863 and expressed a provisional view that the 14 awards identified above should be referred to a Full Bench for review. The list of awards are set out at  of the Statement. In the review, the Full Bench will consider whether the C14 classifications in each of these awards provides a fair and relevant safety net of terms and conditions.
Parties are invited to comment on the President’s provisional view set out at  of the Statement; the accuracy of the list of awards at ; in relation to the 8 modern awards not appearing to specify a particular transition period – what transition period the interested party proposes; and in relation to the 6 modern awards not containing a transitional arrangement – whether the C14 classification levels in these awards provide a fair and relevant safety net and if there has there been any work value determination of these classifications?
From this site you can access information about the case and how to participate in it. All relevant materials will be available, including the procedure for lodging submissions, statements and decisions, the timetable, submissions, transcripts and any additional material.
|Document title||Organisation||Document date||Date uploaded|
|Statement  FWC 388||Fair Work Commission||24 January 2020||24 January 2020|
|Statement  FWC 8159||Fair Work Commission||2 December 2019||2 December 2019|
|Statement  FWC 8004||Fair Work Commission||25 November 2019||25 November 2019|
|Statement  FWC 7182||Fair Work Commission||17 October 2019||17 October 2019|
|Statement  FWC 5863||Fair Work Commission||28 August 2019||28 August 2019|
|Document description||Listing date||Document date|
|Conference - further amended||29 November 2019||25 November 2019|
|Conference - further amended||8 October 2019||3 October 2019|
|Correspondence||Australian Bureau of Statistics||25 February 2020||27 Febraury 2020|
|Correspondence to ABS||Fair Work Commission||24 Janaury 2020||24 January 2020|
|Submission||Australian Council of Trade Unions||19 December 2019||19 December 2019|
|Submission||Media, Entertainment and Arts Alliance||11 December 2019||11 December 2019|
|Correspondence||CFMMEU - MUA Division||29 Novmeber 2019||2 December 2019|
|Correspondence and reply from FWC||Australian Meat Industry Employees Union||25 Novemer 2019||25 November 2019|
|Submission in reply||Australian Business Industrial and NSW Business Chamber||19 November 2019||19 Novermber 2019|
|Submission in reply||Australian Federation of Employers and Industries||18 November 2019||19 November 2019|
|Correspondence and reply from FWC||Australian Business Industrial and NSW Business Chamber||18 November 2019||18 November 2019|
|Correspondence and reply from FWC||Australian Business Industrial and NSW Business Chamber||12 November 2019||13 November 2019|
|Submission||Australian Industry Group||11 November 2019||12 November 2019|
|Submission||Australian Manufacturing Worker's Union||3 October 2019||3 October 2019|
|Correspondence and reply from FWC||Australian Federation of Air Pilots||3 October 2019||3 October 2019|
|Correspondence and reply from FWC||CFMMEU - Manufacturing Division||1 October 2019||1 October 2019|
|Correspondence and reply from FWC||Australian Manufacturing Workers' Union||1 October 2019||1 October 2019|
|Submission||Australian Industry Group||29 September 2019||30 September 2019|
|Submission||CFMMEU - Manufacturing Division||27 September 2019||1 October 2019|
|Submission||The Australian Workers' Union||27 September 2019||1 October 2019|
|Submission||Australasian Meat Industry Employees Union||27 September 2019||1 October 2019|
|Submission||Australian Business Industrial and NSW Business Chamber||27 September 2019||30 September 2019|
|Submission||Austrealian Federation of Air Pilots||27 September 2019||1 October 2019|
|Submission - Dry Cleaning and Funeral Industry Awards||United Voice||26 September 2019||26 September 2019|