To end proceedings or to suspend them to another time or place.
Matters dealt with by the Fair Work Commission in relation to enterprise agreements.
agreement-based transitional instruments
Agreements which were in force before the commencement of the Fair Work Act 2009 and include:
- pre-reform certified agreements made by the Australian Industrial Relations Commission by 27 March 2006
- employee collective agreements approved by the Office of the Employment Advocate or the Workplace Authority by 30 June 2009
- preserved state agreements
- pre-reform certified agreements varied and/or extended by 31 December 2009.
Matters that could be included in awards and agreements under the Workplace Relations Act 1996.
Matters dealt with by the Fair Work Commission in relation to modern awards.
annual wage review
Each financial year the Fair Work Commission's Expert Panel for annual wage reviews conducts an annual wage review of minimum wages, after which it issues a decision and national minimum wage order (for employees not covered by an award or agreement).
The decision and order generally come into operation on 1 July of the following financial year.
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.
The initiating party to a proceeding before the Fair Work Commission.
A person undertaking an Australian Apprenticeship that combines training and employment and which can lead to a nationally recognised trade qualification. Apprentices usually get paid a percentage of what a qualified tradesperson would get paid.
An Australian Public Service employee, engaged under the Public Service Act 1999.
Matters dealt with by the Fair Work Commission in relation to the obligations of registered organisations to keep records and lodge returns (other than audited financial reports) with the Commission.
A process where the Fair Work Commission determines a grievance or dispute by imposing a binding settlement. The Fair Work Commission has powers of compulsory arbitration as well as offering voluntary arbitration.
A Fair Work Commission Member's support staff.
A web-based application, managed by the Department of Finance and Deregulation, enabling access to Australian Government business opportunities online (www.tenders.gov.au).
Australian Fair Pay and Conditions Standard
A legislated set of key minimum entitlements of employment for employees in the national workplace relations system introduced by the Workplace Relations Amendment (Work Choices) Act 2005. The Australian Fair Pay and Conditions Standard (except for wages) ceased to apply on 31 December 2009.
Australian Fair Pay Commission (AFPC)
An independent, statutory body responsible for setting and adjusting federal minimum wages to promote the economic prosperity of the people of Australia. The AFPC was established by the Workplace Relations Amendment (Work Choices) Act 2005. It was replaced by Fair Work Australia's (now the Fair Work Commission) Minimum Wage Panel on 1 August 2009.
Australian Industrial Relations Commission (AIRC)
Australia's national industrial tribunal from 1988 to 2009. Many of the AIRC's functions were assumed by Fair Work Australia (now the Fair Work Commission) on 1 July 2009. The AIRC ceased to exist and transferred the remainder of its functions to Fair Work Australia on 31 December 2009. Fair Work Australia was then renamed the Fair Work Commission on 1 January 2013.
Australian Pay and Classification Scale (APCS)
A notional instrument, introduced by the Workplace Relations Amendment (Work Choices) Act 2005, which is derived from a federal award and contains rates of pay and casual loadings. These are temporarily preserved as transitional APCSs. A transitional APCS does not cover an employee covered by a modern award.
Australian workplace agreement (AWA)
An individual, legally enforceable agreement between an employer and employee about the employee's terms and conditions of employment. AWAs were replaced by individual transitional employment agreements (ITEAs) and can no longer be made.
An award is an enforceable document containing minimum terms and conditions of employment in addition to any legislated minimum terms. In general, an award applies to employees in a particular industry or occupation and is used as the benchmark for assessing enterprise agreements before approval. The Fair Work Commission has responsibility for making and varying awards in the national workplace relations system.
A process initiated in April 2008 by the Minister for Education, Employment and Workplace Relations. By December 2009 the Australian Industrial Relations Commission had created 122 modern awards. The award modernisation process is continuing under the Fair Work Commission. Award modernisation with respect to enterprise awards is scheduled to be concluded by 31 December 2013.
award rate of pay
The applicable rate of pay specified in the classification structure of an award.
Instruments made by the Australian Industrial Relations Commission containing enforceable minimum terms and conditions of employment. (See also modern awards.)
Matters dealt with by the Fair Work Commission where a bargaining representative has sought assistance in resolving a dispute about a proposed agreement. The Fair Work Commission may arbitrate if the bargaining representatives agree.
An order made on application to the Fair Work Commission by a bargaining representative negotiating for a proposed enterprise agreement to ensure good faith bargaining requirements or to promote fair and efficient bargaining.
A bargaining representative for a proposed enterprise agreement is an employer or a person appointed by the employer to be his or her representative; an employee organisation with respect to its members who will be covered by the agreement (unless the member appoints another person or revokes the status of the employee organisation); and any other person the employee appoints in writing to be their bargaining representative.
better off overall test
The test that the Fair Work Commission must apply to a proposed agreement before it can be approved. Individual flexibility arrangements under modern awards and enterprise agreements must also satisfy the test.
Board of Reference
A board consisting of two or more persons which allows, approves, fixes or deals with matters specified in an award.
Matters dealt with by a Board of Reference.
Matters dealt with by the Fair Work Commission in relation to applications for protected action ballot orders.
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.
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.
Matters dealt with by the Fair Work Commission including such matters as general protections and appeals to a full bench.
A casual loading is an amount paid on top of the base rate of pay to casual employees. The purpose of a casual loading is to compensate casual employees for not getting certain entitlements that permanent employees receive, such as paid annual leave and personal (e.g. sick) leave. Most modern awards have a casual loading of 25 per cent.
A legally enforceable collective agreement about terms and conditions of employment between an employer and a group of employees or between an employer and one or more unions. Such agreements were certified by the Australian Industrial Relations Commission.
civil remedy provision
A process to obtain penalties and compensation for certain breaches of the Fair Work Act 2009.