Video tour of the Commission

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adjournment

To end proceedings or to suspend them to another time or place.

appeal

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

Bullying at work, as defined by the Fair Work Act 2009, occurs when:

a person or a group of people behaves unreasonably and repeatedly towards a worker or a group of workers while at work, and
the behaviour creates a risk to health and safety.

Bullying does not include reasonable management action carried out in a reasonable manner.

bullying policy

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.

code of conduct

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.

Commission

Abbreviation for Fair Work Commission.

Commonwealth

Refers to the Commonwealth government or an Australian territory.

conference

A private proceeding conducted by a Fair Work Commission Member.

constitutionally covered business

A constitutionally covered business is:

a proprietary limited company
a foreign corporation
a trading or financial corporation formed within the limits of the Commonwealth
the Commonwealth
the Commonwealth authority
a body corporate incorporated in a territory
a business or organisation conducted principally in a territory or Commonwealth place.

It does not include sole traders, partnerships, some state government employees, corporations whose main activity is not trading or financial.

decision

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.

directions

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.

evidence

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.

Fair Work Act 2009

The principal Commonwealth law governing Australia's workplace relations system. Go to the Fair Work Act 2009.

Fair Work Commission

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.

Full Bench

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.

harassment

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.

hearing

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.

jurisdiction

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.

jurisdictional objection

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.

matter

A case or legal proceeding before the Commission.

mediation

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.

Member

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.

non-constitutional corporation

An entity that is not a constitutional corporation. The following are not constitutional corporations:

sole traders
partnerships
some state government bodies
corporations whose activities do not include significant trading or financial functions (e.g. some charities).

order

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.

outcome

The end result of an application made to the Commission.

outline of submissions

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.

partnership

An organisation in which two or more persons carry on a business together and it is not a constitutional corporation as defined.

party

A person or organisation involved in a matter before the Commission. A party is generally known as either an applicant or a respondent.

principal

A person or business that has entered into a contract for services with an independent contractor.

private enterprise

A business owned and operated by private individuals for profit, instead of by a government or its agencies.

procedural fairness

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.

pty ltd

A proprietary limited company. A constitutionally covered business.

reasonable management action

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:

performance management processes
disciplinary action for misconduct
informing a worker about unsatisfactory work performance or inappropriate work behaviour
asking a worker to perform reasonable duties in keeping with their job, and
maintaining reasonable workplace goals and standards.

In each of these examples, if they are not carried out in a reasonable manner, then they could still be considered bullying.

Rules

The Fair Work Commission Rules 2013.

service/to serve

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.

sole trader

An organisation in which one person is responsible for the business.

WHS

Abbreviation for work health and safety.

WHS state or territory regulator

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.

witness statement

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.

worker

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:

an employee
a contractor or subcontractor
a person employed by a labour hire company who is working at a particular business or organisation
an outworker
an apprentice or a trainee
a work experience student
a volunteer.

Only people who are considered to be workers may apply for an order to stop bullying at work.

workplace

A place where a person performs work.

workplace bullying

See bullying at work.

Take a virtual video tour of the Commission

This virtual video tour of the Fair Work Commission is designed to make it easier for you to understand:

who we are and what we do
the areas in which we can help you
the process for making or responding to a claim for unfair dismissal
how conciliations, conferences and hearings operate, and
what outcomes employers and employees can expect from an unfair dismissal claim.

The tour has been structured around the key questions that people ask us.

Each of the main pages in the tour has:

a video to watch that will give you a 'big picture' overview of that topic
more detailed information on the web page, and
links to other information and resources available on our website or elsewhere.

Take the tour

To take the virtual video tour please click on the questions below, then follow the links provided.

Key questions this tour answers

What is the Fair Work Commission?

This video explains who the Commission is, what the Commission does and what makes us different from the Fair Work Ombudsman. This is a great place to begin if you are not sure if the Commission is the right organisation to help you.

Go to our What is the Fair Work Commission? page and video.

How do unfair dismissal claims operate?

Unfair dismissal claims are an important part of the Commission's work and are a common reason individuals may come into contact with us.

This video briefly explains the unfair dismissal process from start to finish. It is a really useful summary to introduce you to how the Commission deals with claims, and to identify areas you might need to know more about.

Go to our How do unfair dismissal claims operate? page and video.

How do employees make unfair dismissal claims?

Unfair dismissal claims are brought to the Commission by a dismissed employee.

This video explains how to do that, including what forms to use and what information to include. Anyone who thinks they may be eligible to make an unfair dismissal claim should review this video.

Go to our What is the process for unfair dismissal claims? page and video.

How do employers respond to unfair dismissal claims?

Employers must respond to unfair dismissal claims that are brought by a dismissed employee.

This video explains how to do that, including what forms to use and what information to include. All employers should review this page.

Go to our What is the process for unfair dismissal claims? page.

What happens at conciliation?

Conciliation is the first step in the process of dealing with an unfair dismissal claim. It is a very important step as the majority of claims are settled during conciliation with both parties avoiding the time and cost of going to a conference or hearing.

This video shows you how a conciliation works and how to prepare for it.

Go to our What is the process for unfair dismissal claims? page.

Who's inside the hearing room?

A hearing room can be a daunting place for employees and employers. It is a strange environment and it can be a little hard to know who is who, what role they play and what you will need to do.

This video shows you what a hearing room looks like and explains what each person in there does. Anyone participating in a hearing will find this video useful.

Go to our Who's inside the hearing room? page and video.

What happens at unfair dismissal hearings & conferences?

Hearings and conferences are legal processes and there are rules and procedures that you need to follow if you are appearing.

This video explains how to prepare your paperwork, the differences between a conference and a hearing and the outcomes you can expect. Everyone with a hearing or conference coming up should watch this video.

Go to our What happens at hearings and conferences? page and video.

What are jurisdiction hearings?

The Commission only has powers to deal with unfair dismissal claims for certain employees who meet the criteria in the legislation (the Fair Work Act 2009)—this is called its 'jurisdiction'.

If an employee falls beyond the Commission's jurisdiction we cannot proceed with their unfair dismissal claim. Employers have the right to challenge a claim based on a jurisdictional objection, which is dealt with in a jurisdiction hearing. This video is important for employers and employees.

Go to our What are jurisdictional hearings? page and video.

How do I find the Fair Work Commission?

This section provides you with information about how to find the Fair Work Commission office in your state or territory.

We show you the location of our building in your capital city and what the foyers and hearing rooms look like. You will also find details about how to reach us by public transport or car.

Go to our Commission offices pages and videos.

Frequently asked questions

How can the Fair Work Commission help me?

Fair Work Commission staff can provide you with information over the telephone or at one of our offices. The Commission cannot provide legal advice or advice on how best to run a case. However, the Commission can give information on:

processes in the Commission
how to make an application to the Commission and how to respond to an application that is made against you
how to fill out forms
where to find useful documents such as the relevant laws and decisions, and
other organisations which may be able to help you.

The Commission's website contains information that can help you prepare for a hearing or conference including:

the Fair Work Act 2009,
the Fair Work Regulations 2009
the Fair Work Commission Rules 2013 and associated forms
Commission decisions and orders
Commission office details

How do I lodge an application?

An application form can be lodged online, by email, facsimile, post or in person.

For more information go to the Lodge an application page on our website.

What does 'serving a document' mean?

Lodging an application with the Commission means you are commencing a legal proceeding against another person. In such cases, documents used to support or defend a case are available to both/all parties.

Commission forms and other instructional documents (eg Directions) may direct you to serve a document on another party. Serving a document means sending a copy of the document to the other side or their representative. You can serve a document by:

sending the document by express post to the other party or representative in the proceedings (and keeping the sender's copy of the identifying barcode), or
sending the document by registered post to the other party or representative in the proceedings, or
sending the document by email to the email address of the other party or representative in the proceedings.
Note, in some cases, the Commission will serve initial documents on the other party. The relevant form will let you know about this

Which documents do I need to send to the other party?

You must send the other party (or their representative) any document that you are required to serve on them.

Generally, you must also send to the other party (or their representative) a copy of any correspondence or document you send to the Commission. If you do not do so, the Commission may forward a copy to the other party (or their representative).

If you are concerned about correspondence or a document being forwarded by the Commission to the other party or their representative (for example, if it contains personal medical details or other confidential information) you should contact the Commission to discuss your options before sending it to the Commission.

Who will see my documents?

You should assume that the other party (and their representative) will see any documents you file with the Commission and any correspondence or document that you send to the Commission. Members and staff of the Commission who need access to your file in order to process your application will also see your correspondence and documents.

Updated time

Last updated

06 January 2017

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