Fair Work Commission hearings, other than confidential conferences, are audio recorded. As part of the Commission’s Future Directions initiatives, parties to a matter (or their nominated representative) may request access to a free online audio recording of the proceedings.
An audio recording of Commission proceedings does not constitute an official record of the proceedings. Requests for a written transcript of hearings may be made to the Commission. A fee applies for this service and is to be paid by the person making the request.
Requests for access may be made by a party to a matter or by their nominated representative and will be considered on a case-by-case basis.
In most cases a request will be granted, unless:
A request for access must be made no later than 3 months after the Commission issues a final decision or order in relation to the matter. Please note that any audio recordings provided will be edited to remove out of session portions, such as adjournments and periods before and after proceedings conclude.
Note: Commission proceedings are generally held in public. However, where the Commission is satisfied that it is desirable to do so, the Commission may make a confidentiality order, such as:
A request for access must be made using the request form.
A completed request form must be emailed to AudioPortal@fwc.gov.au or submitted to your nearest Commission office by fax. Alternatively, it can be submitted to the chambers of the Member who presided over the proceedings.
Note: A member of the public may also apply to access an audio recording under the Freedom of Information Act 1982. Further information on how to make an FOI request is available on the Freedom of information page.
Where a request for access to an audio recording is granted the request will be processed by Epiq, who maintains and hosts the Commission’s audio portal. Epiq will provide information by email on how to access the audio portal, using a unique user name and password.
Where access is granted, the person will be able to stream the audio recording using a media player that will be provided on the audio portal website.
The person will not be able to locate, stream or download any audio recordings, other than the requested recording, from the audio portal website.
Access to an audio recording will expire after 6 months.
Personal information is collected in audio recordings of Commission proceedings. This may include personal and sensitive information about witnesses or other non-parties.
Audio recordings are made to help the Commission in dealing with the matter before it and for transcription purposes. A directly related purpose is to enable parties to a proceeding, or their nominated representative on record, to review an accurate and authorised record of Commission proceedings or to consider their appeal rights.