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.
On 9 April 2019 United Voice and the National Union of Workers applied for a Community of Interest Declaration. The application was made under Section 43 of the Fair Work (Registered Organisations) Act 2009.
A Community of Interest Declaration is generally sought when registered organisations are seeking to amalgamate.
Documents relating to this case will be published on this page as they become available.
|Reference||Document date||Published date|
| FWC 6756||1 October 2019||3 October 2019|
| FWC 5006||22 July 2019||22 July 2019|
| FWC 4411||26 June 2019||26 June 2019|
| FWC 4260||19 June 2019||19 June 2019|
| FWC 3931||7 June 2019||7 June 2019|
| FWC 3751||5 June 2019||5 June 2019|
|Description||Listing date||Published date|
|Notice of Listing: D2019/9 s.44(1) RO Act||1 October 2019||2 September 2019|
|Notice of listing: D2019/6 s.43(1) RO Act||2 June 2019||27 May 2019|
|Notice of listing: D2019/9 s.44(1) RO Act||2 June 2019||27 May 2019|
|Notice of listing||24 May 2019||12 April 2019|
|Directions for hearing||24 May 2019||12 April 2019|
|Party or organisation||Description|
|United Voice & National Union of Workers||Community of Interest Declaration|
|United Voice & National Union of Workers||Form F1 – Application by United Voice and the National Union of Workers|
|United Voice||Form F63 – Notice of ballot paper chosen by United Voice|
|National Union of Workers||Form F63 – Notice of ballot paper chosen by NUW|
|Party or organisation||Description||Notice date||Published date|
|National Union of Workers||Ballot notice (NUW) issued by Australian Electoral Commission||3 July 2019||24 July 2019|
|United Voice||Ballot notice (UV) issued by Australian Electoral Commission||3 July 2019||24 July 2019|
|Party or organistion||Description||Document date||Date published|
|United Voice and National Union of Workers||Outline of submissions of United Voice and National Union of Workers||4 June 2019||3 July 2019|
|United Voice & National Union of Workers||Submissions of United Voice and the National Union of Workers||1 May 2019||24 May 2019|
|Party or organistion||Description||Document date||Date published|
|United Voice||Statutory Declaration of Jo-anne Schofield, United Voice National Secretary||30 September 2019||1 October 2019|
|National Union of Workers||Statutory Declaration of Paul Richardson, NUW Assistant General Secretary||26 September 2019||1 October 2019|
|United Voice||Statutory Declaration of Jo-anne Schofield, United Voice National Secretary||4 June 2019||3 July 2019|
|National Union of Workers||Statutory Declaration of Timothy Kenedy, NUW General Secretary||9 April 2019||24 May 2019|
|United Voice||Statutory Declaration of Jo-Anne Schofield, United Voice National Secretary||9 April 2019||24 May 2019|
|United Voice||Statutory Declaration of Jo-Anne Schofield, United Voice National Secretary||1 May 2019||24 May 2019|
|National Union of Workers||Statutory Declaration of Paul Richardson, NUW Assistant General Secretary||30 April 2019||24 May 2019|
|Party or organisation||Description||Document date||Date published|
|United Voice & National Union of Workers||Correspondence from NUW & UV providing Statutory Declarations||30 September 2019||1 October 2019|
|United Voice & National Union of Workers||Correspondence from NUW & UV seeking to amend the proposed rules attaching a complete copy of the amended proposed rules||22 July 2019||25 July 2019|
|Transport Workers' Union of NSW||TWU re proposed rules of the United Workers Union (UWU)
See also: Covering email
|18 July 2019||24 July 2019|
|United Voice & National Union of Workers||Correspondence re proposed rules and Resolutions from National executive of UV and National Committee of Management of the NUW||18 July 2019||24 July 2019|
|The Shop, Distributive and Allied Employees' Association||SDA correspondence re the proposed rules of the United Workers Union (UWU)||17 July 2019||24 July 2019|
|The Shop, Distributive and Allied Employees' Association||SDA response to UV / NUW / HPL Letter of 5 July 2019||9 July 2019||24 July 2019|
|United Voice & National Union of Workers||NUW & UV response to the concerns of the SDA, TWU and AWU over the application of the eligibility rules||5 July 2019||24 July 2019|
|Transport Workers' Union of NSW||Correspondence re eligibility rules of proposed amalgamation of UV and NUW||2 July 2019||24 July 2019|
|The Australian Workers' Union||Correspondence re ambiguities in proposed UWU rules||2 July 2019||24 July 2019|
|The Shop, Distributive and Allied Employees' Association||SDA advises the commission of their interest in the proposed amalgamation||2 July 2019||24 July 2019|
|Commission||Commission sends issued decision to Australian Electoral Commission||19 June 2019||19 June 2019|
|United Voice & National Union of Workers||Applicants satisfied with Australian Electoral Commission proposed timeline||18 June 2019||19 June 2019|
|Australian Electoral Commission||Confirming variation of ballot dates||18 June 2019||19 June 2019|
|Mark Smith||Mark Smith issues correction to previous correspondence See also: Commission advises applicants of Mark Smith's correction to previous correspondence||4 June 2019||5 June 2019|
|Commission filenote||Phone call: Applicant rep advises they are taking instructions from client||4 June 2019||4 June 2019|
|Mark Smith||Correspondence from Mark Smith See also: Commission advises applicants of correspondence from Mark Smith||4 June 2019||4 June 2019|
|Australian Chamber of Commerce and Industry||ACCI advises the Commission of their interest in the proposed amalgamation See also: Covering email||30 May 2019||31 May 2019|
|Commission||Commission notifies Australian Electoral Commission of ballot hearing||28 May 2019||28 May 2019|
|Commission||Commission advises parties there have been no applications for leave to provide submissions||13 May 2019||24 May 2019|
|Commission filenote||Phone call: Applicant asks if anyone has sought leave to provide submissions||13 May 2019||4 June 2019|
|Commission filenote||Phone call: Discussion with applicant about how matter is to proceed||10 May 2019||4 June 2019|
|Commission||Commission notifies Australian Electoral Commission of lodgment under section 44||9 May 2019||24 May 2019|
|United Voice, National Union of Workers & Commission||Correspondence relating to filing of large documents||8 & 9 May 2019||24 May 2019|
|United Voice & National Union of Workers||Parties notify the Commission of lodgment of F1 and two F63 forms||8 May 2019||24 May 2019|
|United Voice & National Union of Workers||Parties notify the Commission of submissions and statutory declarations filed||1 May 2019||24 May 2019|
|Commission||Commission grants extension for filing of outline of submissions||29 April 2019||30 April 2019|
|United Voice & National Union of Workers||United Voice and National Union of Workers seek extension for filing of outline of submissions||29 April 2019||30 April 2019|
|Commission filenote||Phone call: Applicant seeks extension. Associate asks applicant to send email||29 April 2019||4 June 2019|
|Commission filenote||Phone call: Associate leaves message for applicants re: availability to list matter||9 April 2019||4 June 2019|
|Document description||Document date||Date published|
|Transcript of hearing on 1 October 2019||1 October 2019||3 October 2019|
|Transcript for 5 June 2019||5 June 2019||7 June 2019|
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